The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 8, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests from Mountain State University.

Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:H. C. R. 16, Requesting the US Congress to enact legislation providing for the issuance of a Mother's Day commemorative coin in 2008,H. C. R. 42, Requesting the Joint Committee on Government and Finance reconstitute Select
Committee A on Children, Juveniles and Other Matters,H. C. R. 53, Exploring option to improve school health and healthy lifestyles,H. C. R. 54, Requesting the Joint Committee on Government and Finance study the
provision of medical care to inmates of the Regional Jails and the Department of Corrections,H. C. R. 62, Requesting the Joint Committee on Government and Finance study large land
holdings, county by county, to determine the value taxation of deed holders of lands in excess of one
thousand acres,H. C. R. 70, Requesting the Joint Committee on Government and Finance to study the
necessity for additional public defender corporations for the delivery of indigent defense services,H. C. R. 75, Requesting the Joint Committee on Government and Finance to make a study
of the needs of soldiers and veterans who have been injured in the Iraq/Afghanistan wars,H. C. R. 76, Requesting the Joint Committee on Government and Finance to study the
feasibility, effectiveness and desirability of granting salary increases to Division of Corrections
employees based on years of service,H. C. R. 77, Requesting the Joint Standing Committee on Government and Finance to
conduct a study of the effects of the REAL ID Act of 2005,H. C. R. 78, Requesting the Joint Committee on Government and Finance to study what the
appropriate amount for the homestead exemption in the State should be, as well as, the appropriate
means for placing a value on the exemption,H. C. R. 80, Requesting the Committee on Government and Finance to conduct a study on
transportation safety in West Virginia,H. C. R. 82, Requesting that the Joint Committee on Government and Finance conduct a
study of municipal annexation under article six, chapter eight of the West Virginia Code to facilitate
a more effective and responsive annexation process,
And, S. C. R. 31, Requesting Department of Administration name Capitol Complex parking
building "Oshel B. Craigo Parking Building",
And reports the same back with the recommendation that they each be adopted.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolutions (H. C. R. 16, H. C. R. 42, H. C. R. 53, H. C. R. 54, H. C. R. 62, H. C. R. 70, H. C. R. 75,
H. C. R. 76, H. C. R. 77, H. C. R. 78, H. C. R. 80 and H. C. R. 82) to a committee was dispensed
with, and they were each taken up for immediate consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (S. C. R. 31) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegates Armstead and Carmichael requested that the Clerk record them in the Journal as
having voted "Nay" on S. C. R. 31.
Delegate Craig requested that the Clerk record him in the Journal as having voted "Nay" on
H. C. R. 62.
Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 8th
day of March, 2007, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:H. B. 2908, Removing an outdated reference to the assessed value of livestock used to
determine the value of livestock killed by a bear
And,H. B. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of
Health and Human Resources

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:Com. Sub. for H. B. 2051, Including lasers as a method of proving the speed of vehicles.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section seven, line seven, by striking out the words "two and three" and
inserting in lieu thereof the words "two, three and four".
And,
By amending the title to read as follows:Com. Sub. for H. B. 2051 - "A Bill to amend and reenact §17C-6-7 and §17C-6-7a of the
Code of West Virginia, 1931, as amended, all relating to including lasers as a method of proving the
speed of vehicles; and allowing class four municipal police officers to operate microwave and lasers
for admissibility in court as prima facie evidence of vehicle speed."
On motion of Delegate DeLong, the House refused to concur and requested the Senate to
recede therefrom.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:Com. Sub. for H. B. 2714, Revising requirements for parking areas designated for use by persons with mobility impairments.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page four, section six, line thirty-nine, after the word "physician" by inserting a comma.
On page fifteen, section six, lines two hundred forty-six through two hundred forty-eight, by
striking out the following: "Beginning the first day of July, two thousand seven, each signpost
installed or replaced shall also contain the words 'tow away zone'."
On page twenty, section six, by striking out subsection (m) in its entirety and by relettering
the remaining subsections.
And,
By amending the title to read as follows:Com. Sub. for H. B. 2714 - "A Bill to amend and reenact §17C-13-6 of the Code of West
Virginia, 1931, as amended, relating to parking areas designated for use by persons with a mobility
impairment; removing the requirement that certain parking areas be provided without cost;
authorizing chiropractor, advanced nurse practitioner or physician's assistant to verify impairment
for the purpose of the issuing of license plates or place cards; removing certain persons from
eligibility for placards and plates; amending and adding definitions; limiting the ability of certain
organizations from parking in designated spaces; requiring certain markings in designated parking
areas; increasing the fine for first offense parking violation; and removing certain rule-making
requirements."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 368), and there were--yeas
97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2714) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:Com. Sub. for H. B. 2808, Increasing the fee for issuance of one-trip permits.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
That §17A-7-2 of the Code of West Virginia, 1931,as amended, be amended and reenacted
to read as follows:
"ARTICLE 7. SPECIAL STICKERS.

§17A-7-2. Operation of motor vehicles by dealers or other persons under special stickers;
application and fees; expiration.

(a) A member of the department of public safety[West Virginia State Police]West Virginia
State Police may at any detachment office, upon application therefor on a form prescribed by the
commissioner, issue to a licensed dealer or any other person other than those specified in section one
of this article, a paper sticker or decal to be affixed to the left side of the rear window of a motor
vehicle or to the left rear of a vehicle which is not self-propelled. Such sticker or decal shall be of
a size to be designated by the commissioner and shall be serially numbered and shall have provision
thereon to indicate the date of issuance thereof.(b) A fee of one dollarfive dollars per sticker shall be chargedcollected and dispersed as
follows; two dollars and fifty centsand shall be deposited in the State Road Fund and two dollars
and fifty cents shall be deposited in the special revenue account within the Division of Highways for the maintenance of the West Virginia Welcome Centers and rest areas along interstate highways in
this state.(c) Such sticker or decal shall be valid for forty-eight hours after its issuance for the operation
of a vehicle, whether under its own power or while being towed, one time only over the streets or
highways of this state, and upon being once affixed to a vehicle shall become invalid for subsequent
use on that or any other vehicle."
And,
By amending the title to read as follows:Com. Sub. for H. B. 2808 - "A Bill to amend and reenact §17A-7-2 of the Code of West
Virginia, 1931, as amended, relating to one trip permits issued by the State Police, increasing the fee
for issuance and providing for distribution of the fees collected."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 369), and there were--yeas
91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Ireland, Lane, J. Miller, Overington, Porter and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2808) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:Com. Sub. for H. B. 2931, Providing for payment of tuition and fees for members of the West Virginia National Guard enrolled in graduate study.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §15-1B-21 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; and that §18-19-1, §18-19-2 and §18-19-3 be amended and reenacted, all to read as
follows:

CHAPTER 15. PUBLIC SAFETY.

ARTICLE 1B. NATIONAL GUARD.
§15-1B-21. Tuition and fees for guard members at institutions of higher education.
(a) Any member of the Army National Guard or Air National Guard who is enrolled in a
course of undergraduate study or a Master's degree program and is attending any accredited college,
university, business or trade school located in West Virginia or is attending any aviation school
located in West Virginia for the purpose of taking college-credit courses, may be entitled to payment
of tuitions and fees at that college, university, business or trade school or aviation school during the
period of his or her service in the National Guard. Provided, That The Adjutant General may
prescribe criteria of eligibility for payment of tuition and fees at the college, university, business or
trade school or aviation school. Provided, however, That The payment is contingent upon
appropriations being made by the Legislature for this express purpose. A member may receive
payment for only one Master's degree pursuant to this section.
(b) The amount of the payment for members attending a state-supported school shall be
determined by the Adjutant General and may not exceed the actual amount of tuition and fees at the
school. The amount of the payment for members attending a private school shall be determined by
the Adjutant General, but in noany event may itnot exceed the highest amounts payable at any
state-supported school.
(c) Any member of the Army National Guard or Air National Guard who is enrolled in a
course of postgraduateundergraduate study or a Master's degree program and is attending any
accredited college or university located in West Virginia, and is receiving payments under the Army
a federally funded continuing education system, may be entitled to payment of tuition and fees at that
college or university during his or her period of service in the Army National Guard or Air National
Guard: Provided, That the sum of payments received under this subsection and the Armya federally
funded continuing education system may not exceed the actual amount of tuition and fees at the
school and in no event may exceed the highest amounts payable at any state-supported school. The
payments are contingent upon appropriations being made by the Legislature for this express purpose.
(d) The Adjutant General may, in lieu of the tuition payment authorized by this section, pay
an amount equal to the amount of tuition which otherwise would have been paid, directly to
members of the West Virginia Army National Guard or West Virginia Air National Guard who are
participating in the PROMISE Scholarship program provided in article seven, chapter eighteen-c of
this code.
(e) A member of the West Virginia Army National Guard or West Virginia Air National
Guard who is receiving payments for tuition and fees under this section, and is discharged from the
military service due to wounds or injuries received in the line of duty, may continue to receive
payments for tuition and fees under this section as if he or she were still a member. of the West
Virginia National Guard.
(f) The Adjutant General shall administer the tuition and fee payments authorized under this
section and shall propose policies to implement the provisions of this section.

CHAPTER 18. EDUCATION.

ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN AND SPOUSES OF
DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.

§18-19-1. Appropriation to provide educational opportunities.
(a) The purpose of this article is to provide educational opportunities for the children and spouses of those:
(1) Who served in:
(A) The Army, Navy or Marine Corps of the United States during the world war from the
sixth day of April, one thousand nine hundred seventeen, to the second day of July, one thousand
nine hundred twenty-one, all dates inclusive;
(B) The Armed Forces of the United States of America at any time between the first day of
December, one thousand nine hundred forty-one, and the declaration of peace by the Congress of the
United States, all dates inclusive;
(C) The Armed Forces of the United States of America at any time between the twenty-
seventh day of June, one thousand nine hundred fifty, and the thirty-first day of January, one
thousand nine hundred fifty-five, all dates inclusive;
(D) The Armed Forces of the United States of America at any time between the fifth day of
August, one thousand nine hundred sixty-four, and the seventh day of May, one thousand nine
hundred seventy-five, all dates inclusive; or
(E) The Armed Forces of the United States of America at any time during which the forces
or members of the reserve components are called to active duty by the President of the United States
under Title 10 of the United States Code for the purpose of entering into armed combat; and
(2) Who were killed in action or have died or may hereafter die from disease or disability
resulting from thistheir war service.
(b) For the purpose of this article, there is appropriated from the State Fund, General Revenue
Fund the sum of at least five thousand dollars for each fiscal year commencing the first day of July
and ending on the thirtieth day of June of each year of the next biennium to be used for the benefit
of these children and spouses while attending post-secondary education or training institutions.
(c) This benefit also shall be given to children and spouses of a service member killed during
hostile actions as defined by the agency administering this section.
(d) The term 'children' as used in this article includes any child of a veteran who has been legitimized by operation of law prior to the veteran's demise.(e) The term 'spouse' as used in this article includes any spouse who remained married to
the veteran prior to the veteran's demise and who was neither the plaintiff nor defendant in any
active divorce or annulment proceedings against the veteran at the time of the veteran's demise.§18-19-2. Eligibility of applicant for benefits; application forms; preference.(a) To be eligible for the benefits of this article, a child or spouse set forth in section one of
this article shall be:
(1) At least sixteen and not more than twenty-five years of age:
(2) Enrolled in a post-secondary education or training institution in this state; and
(3) The child or spouse of an enlistee who designated West Virginia as his or her state of
record.
(b) The application shall be made to, and upon forms provided by, the West Virginia Division
of Veterans' Affairs. The division shall determine the eligibility of those who apply and the yearly
amount to be allotted each applicant. The amount, in the discretion of the division, may vary from
year to year, but may not exceed the sum of one thousand dollars in any one semester or a total of
two thousand dollars in any one year. In selecting those to receive the benefits of this article,
preference shall be given those who are otherwise financially unable to secure the educational
opportunities.

§18-19-3. No tuition fees to be charged; how funds to be expended; cessation of allowances.

(a) A state post-secondary education or training institution may not charge tuition and fees
to an eligible applicant attending that institution pursuant to this article. The funds herein
appropriated in this article shall be expended by the West Virginia Division of Veterans' Affairs only
for matriculation fees, board, room rent, books, supplies and other necessary living expenses of those
children.
(b) In the event that a child or spouse eligible for a tuition waiver pursuant to this section
attends a private post-secondary education or training institution where the tuition waiver is not applicable, that child or spouse remains eligible for up to two thousand dollars per year in education
benefits pursuant to section two of this article.
(c) In addition to the tuition waiver available pursuant to this section, a child or spouse
attending a state post-secondary education or training institution is eligible for up to two thousand
dollars per year in education benefits as provided in section two of this article.
(d) The division is charged with the duty of disbursing the funds herein provided in this
article and shall draw its requisitions upon the State Auditor for that purpose. In its discretion, the
division, if satisfied as to the accuracy and amounts of the expenditures, shall make the requisitions
payable to the post-secondary education or training institutions or to those furnishing to the children
or spouses board, room rent, books, supplies and other necessary living expenses.
(e) A member or employee of the division may not receive any additional compensation for
the services herein required in this article.
(f) Acceptance of benefits or tuition waivers pursuant to this article does not limit the
acceptance of any other scholarship or grant for which a student may be eligible.(g) Notwithstanding the provisions of this article to the contrary, until the first day of January,
two thousand seven, benefits received pursuant to this article may be used for educational
opportunities received at an education or training institution that is below the post-secondary level."
And,
By amending the title to read as follows:Com. Sub. for H. B. 2931 - "A Bill to amend and reenact §15-1B-21 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §18-19-1, §18-19-2 and §18-19-3, all relating
to educational opportunities for the armed services and spouses of deceased armed services
personnel; providing for the payment of tuition and fees for members of the West Virginia Army
National Guard and West Virginia Air National Guard enrolled in a Master's degree program; and
providing that, in addition to children, spouses of deceased armed service personnel are eligible for
state-funded student financial aid resources."
On motion of Delegate Delong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 370), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2931) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment toS. B. 589, Expanding powers and duties of Director of Personnel.
On motion of Delegate DeLong, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of Conference of
five from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Palumbo, Evans, Kominar, Rowan and Stalnaker.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title:Com. Sub. for S. C. R. 15 - "Requesting the Joint Committee on Government and Finance study the effects of underground injection of coal slurry on human health and the environment."
Whereas, The underground injection of coal slurry is an accepted method of coal slurry
disposal for which the Department of Environmental Protection issues permits; and
Whereas, The most recent information on the effects of underground injection of coal slurry
available to the Legislature indicates the potential for harmful effects; and
Whereas, The effects of the underground injection of coal slurry may present serious public
health and environmental questions; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effects
of underground injection of coal slurry on human health and the environment; and, be itFurther Resolved, That the Department of Environmental Protection and the Bureau for
Public Health shall jointly design and conduct, or contract to have conducted, a comprehensive study
on the effects of underground injection of coal slurry, including the following:
(1) An analysis of the chemical composition of coal slurry, including an inventory of organic
and inorganic compounds;
(2) A hydrogeological study of the migration of coal slurry or its constituent contaminants
from injection wells into the ground waters or surface waters of West Virginia;
(3) An analysis of the effects of the coal slurry and its constituent contaminants on human
health;
(4) A study of the effects of coal slurry and its constituent contaminants on public health in
communities where it is determined that coal slurry or its constituent contaminants have migrated
into ground waters currently or historically used for domestic purposes;
(5) An environmental assessment of the effects on surface water and aquatic ecosystems of
the migration of coal slurry or its constituent contaminants into surface waters; and
(6) Any other considerations that the Department of Environmental Protection and the
Bureau for Public Health deem to be important; and, be itFurther Resolved, That the Department of Environmental Protection and the Bureau for
Public Health ensure, through multiple sampling dates and locations, that the resulting data identify
possible regional variation in the contents of coal slurry and collect samples of sufficient quantity
to provide testable quantities; and, be itFurther Resolved, That the Department of Environmental Protection shall submit its findings
for evaluation by the Bureau for Public Health and report to the Joint Committee on Government and
Finance on its findings, conclusions and recommendations on or before December 31, 2007; and,
be itFurther Resolved, the Bureau for Public Health report to the Joint Committee on Government
and Finance on its findings, conclusions and recommendations on or before December 31, 2008; and,
be itFurther Resolved, That the Department of Environmental Protection and the Bureau for
Public Health prepare and submit a request to the Joint Committee on Government and Finance
setting forth the anticipated time necessary to conduct each phase of the study and, if any funds in
addition to the current amounts appropriated to the Department of Environmental Protection and the
Bureau for Public Health may be necessary to carry out the study required herein, a specific proposal
for additional funds; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare reports and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (Com. Sub. for S. C. R. 15) to a committee was dispensed with, and it was taken up for
immediate consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title:S. C. R. 52 - "Requesting the Joint Committee on Government and Finance study the
feasibility of constructing covered promenades and handicapped ramps on the second floor outdoor
walkways between the main Capitol building and the east and west wings of the Capitol."
Whereas, The walkways on the second floor connecting the east and west wings of the
Capitol building with the main building of the Capitol are used by legislators, staff and the public
alike as a convenient and direct route between legislative and staff offices and the two chambers; and
Whereas, If these two walkways did not exist or are not accessible, a person is forced to
walk down two flights of stairs or take an elevator to the first floor and walk around to the main part
of the Capitol, then walk back up two flights of stairs or take an elevator up one floor to the second
floor to go from the east or west wings to the chambers. This is not only inconvenient but imposes
an unfair disadvantage to handicapped persons; and
Whereas, The two walkways which now exist are adequate for nonhandicapped persons in
good weather, but in inclement weather the walkways become a hazard for everybody because of
slips, falls and other hazards associated with subjecting oneself to rain, snow, sleet or hail; and
Whereas, In any weather, the walkways are an insurmountable obstacle for handicapped
persons; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
feasibility of constructing covered promenades and handicapped ramps on the second floor outdoor
walkways between the main Capitol building and the east and west wings of the Capitol; and, be itFurther Resolved, That representatives of the Capitol Building Commission, the Historical
Preservation Section of the Division of Culture and History, the Archives and History Section of the
Division of Culture and History, the Department of Administration, General Services, Division of Veterans' Affairs, West Virginia Department of Administration Americans with Disabilities Act
Office and the West Virginia Veterans' Coalition be invited to serve on the interim study committee;
and, be itFurther Resolved, That the authority of the Capitol Building Commission's powers be
examined during this study; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (S. C. R. 52) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read its
title:S. C. R. 55 - "Requesting the Joint Committee on Government and Finance study authorizing
municipalities means to satisfy liens on unpaid municipal fees, including fees on uninhabitable
and/or abandoned structures."
Whereas, A municipality currently has the authority to send letters to a property owner,
condemn the property and/or put a lien on property for unpaid fees, however a municipality does not
have the means to satisfy the lien; and
Whereas, Uninhabited and abandoned properties not only have negative aesthetic qualities,
but they may be hazardous to the surrounding community; and
Whereas, The municipality may condemn and demolish the property, but it cannot obtain
reimbursement for the demolition costs; and
Whereas, Allowing a municipality to sell the property to satisfy the lien and retain some of
the money from the sale may be a means to help the municipality; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study
authorizing municipalities means to satisfy liens on unpaid municipal fees, including fees on
uninhabitable and/or abandoned structures; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the
Regular Session of the Legislature, 2008, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (S. C. R. 55) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title:S. C. R. 63 - "Requesting the Joint Committee on Government and Finance study regulating the professional employer organization industry in West Virginia."
Whereas, Professional employer organizations (PEOs) provide human resource services to
small businesses in this state; and
Whereas, PEO services allow small businesses more time to focus on their business; and
Whereas, PEO services increase the opportunities of small business employers by
developing cost-effective methods to satisfy their personnel requirements and help provide small
business employees with access to certain employment benefits which might otherwise not be
available to them; and
Whereas, The PEO industry is relatively new in West Virginia, but is quickly growing; and
Whereas, To protect public interest, there may be a need to regulate the PEO industry;
therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study regulating the professional
employer organization industry in West Virginia; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (S. C. R. 63) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.

Resolutions Introduced

Delegates Webster, Proudfoot, Stemple, Mahan, Kessler, Hrutkay, Guthrie, Brown, Miley
and Lane offered the following resolution, which was read by the Clerk:H. C. R. 92 - "Requesting that the Joint Committee on Government and Finance authorize
the study of the need for legislative review of agency rules currently exempt from legislative rule-
making and review."
Whereas, The Legislature has a duty to assure that the implementation of agency rules
comport with the legislative statutory intent and purpose of the statutes authorizing that agency's
rule-making; and
Whereas, Over the past several years, the Legislature, to allow flexibility and relief from
the protracted process of legislative review and authorization and the need for flexibility and rapid
response to changing conditions in our society, has caused the Legislature to grant several agencies
authority to promulgate legislative rules without review by the Legislature prior to implementation;
and
Whereas, The effect of broadening exemptions has caused concerns being expressed that
the Legislature is not effectively monitoring the implementation of these rules and the Legislature
should consider developing a process to more effectively supervise rules exempt from legislative
review to understand their impact upon the determined policy of this state as reflected by the laws
enacted by the Legislature; and
Whereas, Prior to undertaking any revisions of the authority for various agencies to
promulgate legislative rules, the Legislature must consider the authority granted on an individual rule
by rule basis to make specific decisions regarding the prior implementation of each rule to determine
if the agency has effectively followed its legislative directive; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study whether
any changes are needed in the state Administrative Procedures Act to provide for greater oversight
of Legislative rules that have been exempted from legislative review; and, be itFurther Resolved, That the Joint Committee on Government and Finance is hereby further
requested to study whether any specific legislatively exempt rules should be required to be brought
before the Legislature prior to their authorization; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, two thousand eight, on its findings, conclusions and recommendations,
together with drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the Legislative expenses necessary to conduct this study, to prepare
a report and to draft necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. C. R. 92) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Manchin, Longstreth and Caputo offered the following resolution, which was read
by the Clerk:H. C. R. 93 - "Requesting the Joint Committee on Government and Finance study what the
appropriate amount for the homestead exemption in the state should be; the appropriate means for
placing a value on the exemption, as well as the feasibility of placing a cap upon the percentage by
which any property assessment may increase in a single year."
Whereas, There is a strong interest among the citizens of West Virginia regarding what the
appropriate amount should be for the homestead exemption as provided in the West Virginia
Constitution; and
Whereas, This interest is demonstrated by the numerous resolutions introduced every year
in the Legislature to change the amount of the homestead exemption in various ways including
means testing, increasing the exemption by certain amounts, freezing the valuation and others; and
Whereas, Many senior citizens live on fixed incomes and are fearful of their ability to
continue to pay their residential property taxes in a time of rising property values; and
Whereas, Certain areas of the state have experienced rapid escalation in the market values
of property and/or reassessments of property have not occurred as frequently as by statute the result
of which has been a steep and rapid escalation in property taxes and great financial hardship to
seniors living on fixed incomes; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the fiscal
and public policy implications of the various suggestions regarding an amendment to the homestead
exemption; and, be itFurther Resolved, That the Joint Committee on Government and Finance specifically study
what an appropriate amount should be, as well as, an appropriate method of valuation; and, be it Further Resolved, That the Joint Committee on Government and Finance undertake a study
to determine the feasibility and desirability of placing a cap upon the percentage by which any
property assessment may increase in a single year in order to prevent hardship to property owners;
and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. C. R. 93) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Kominar, Moore, Barker, Perry, Ashley, Carmichael, Schoen, and Walters offered
the following resolution, which was read by the Clerk:H. C. R. 94 - "Requesting the Joint Committee on Government and Finance to study the
impact state law and court decisions have on insurance company practices and policies which set
premiums for older buildings and the impact these laws, decisions, practices and policies have on
the cost of rehabilitation of older buildings."
Whereas, Many older buildings in West Virginia are left in disrepair when they could be
purchased and rehabilitated for economic development; and
Whereas, Because of the cost of insuring older buildings, investors are reluctant to purchase
older buildings for renovation which would generally be less expensive than new construction and
which would improve the communities, attract other investment and in most cases preserve historic
landmarks; and
Whereas, Current law, as interpreted by the courts, requires insurers to include the cost of
replacement of a structure in their policies making the cost of premiums exorbitant for owners of
older structures; and
Whereas, The Joint Committee on Government and Finance should determine why
insurance companies are insuring older buildings over and above their fair market value and whether
current coverages on older buildings are excessive considering their unimproved value therefore, be
itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study the impact state law and court
decisions have on insurance company practices and policies which set premiums for older buildings
and the impact these laws, decisions, practices and policies have on the cost of rehabilitation of older
buildings; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the Legislature, 2008, its findings, conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft legislation be paid from legislative appropriations to the Joint Committee on Government
and Finance.
At the respective requests of DeLong, and by unanimous consent, reference of the resolution
(H.. C. R. 94) to a committee was dispensed with, and it was taken up for immediate consideration
and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Morgan, Caputo, DeLong, Staggers, Manchin, Longstreth and Palumbo offered
the following resolution, which was read by the Clerk:H. C. R. 95 - "Requesting the Joint Committee on Government and Finance study the
implementation of the Uniform Emergency Volunteer Healthcare Practitioners Act."
Whereas, The Uniform Emergency Volunteer Health Practitioners Act responds to a serious
problem caused by a lack of uniformity in state laws that was revealed during the horrific hurricane
season of 2005; and
Whereas, Doctors, nurses, EMT's, mental health professionals, veterinarians, coroners, and
other health professionals providing needed individual and public health services from outside the
affected Gulf Coast states who volunteered to provide desperately needed assistance to disaster
victims were seriously delayed, and in some cases prevented, from providing services because they
were unable to quickly and clearly obtain authorization to practice within the affected states; and
Whereas, Although all fifty states have adopted the Emergency Management Assistance
Compact that provides for the interstate recognition of licenses held by professionals responding to
disasters and emergencies, the Compact cannot be efficiently used to supply the surge capacity
required to deliver health services during emergencies; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
implementation of the Uniform Emergency Volunteer Healthcare Practitioners Act; and, be itFurther Resolved, That the Joint Committee on Government and Finance review, examine,
and study all aspects of extending protection from liability to volunteers who render emergency aid
to another person who is injured; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the respective requests of DeLong, and by unanimous consent, reference of the resolution
(H.. C. R. 95) to a committee was dispensed with, and it was taken up for immediate consideration
and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Varner offered the following resolution, which was read by the Clerk:H. C. R. 96 - "Requesting the West Virginia Division of Culture and History to erect an
historic marker near the site of the 1924 Benwood Mine Disaster from funds available to the division
for the purpose of erecting historic markers."
Whereas, The state's third worst mine disaster occurred on April 28, 1924, at a Wheeling
Steel Corporation mine in Benwood; and
Whereas, On that morning one-half hour after 119 miners entered the mine, an explosion
occurred killing all of them; and
Whereas, It is appropriate for a marker to be erected and dedicated to the miners who lost their lives in this devastating tragedy; and
Whereas, The marker would be a reminder that coal mining is a dangerous occupation and
that it is essential that we should do all we can to ensure miner safety; therefore, be itResolved by the Legislature of West Virginia:That the Division of Culture and History is hereby requested to erect an historic marker near
the site of the 1924 Benwood Mine Disaster; and, be itFurther Resolved, That the Commissioner of the Division of Culture and History is hereby
requested to cause to be fabricated an appropriate historical marker near the site of the 1924
Benwood mine disaster from funds available to the division for the purpose of erecting historic
markers; and, be itFurther Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Culture and History and the Secretary of the
Department of Education and the Arts.
At the respective requests of DeLong, and by unanimous consent, reference of the resolution
(H.. C. R. 96) to a committee was dispensed with, and it was taken up for immediate consideration
and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Petitions

Delegate Andes presented a petition on behalf of his constituents, in support of a six percent
salary increase for the West Virginia Department of Highway employees; which was referred to the
Committee on Finance.

* * * * * * * * * *

Today being Friday, the House of Delegates proceeded to the consideration of business on
the Local Calendar.

Local Calendar

Third Reading

S. B. 757, Extending time for Smithers city council to meet as levying body; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 371),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Fleischauer, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 757) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 372), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Fleischauer, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 757) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.

Special Calendar

Third Reading

Com. Sub. for S. B. 21, Restricting licensee's work until adverse judgment satisfied; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 373),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Fleischauer, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 21) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.Com. Sub. for S. B. 55, Updating mortality tables used in life estate valuation; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 374),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Fleischauer, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 55) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 375), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 55) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.S. B. 59, Relating to basic universal design features for certain dwellings; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 376),
and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Blair, Cowles, Duke, Rowan and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 59) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.Com. Sub. for S. B. 69, Authorizing electronically transmitted prescription orders; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 377),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 69) passed.
On motion of Delegate Perdue, the title of the bill was amended to read as follows:Com. Sub. for S. B. 69 - "A Bill to amend and reenact §30-5-1b, §30-5-12, §30-5-12b and
§30-5-16b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto
a new section, designated §30-5-12c; to amend and reenact §30-5-29 of said code; to amend and
reenact §30-7-15c of said code; and to amend and reenact §60A-3-308 of said code, all relating
generally to the authorization of electronic prescribing; and extending the date for pharmacy
collaborative agreements."Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 76, Setting particular penalties for underage drinking; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 378),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 76) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 76 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §49-5-13c, relating to penalties for minors adjudicated
delinquent for alcohol, alcoholic liquor, or nonintoxicating beer consumption."
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 379), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 76) takes effect July 1, 2007.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 82, Creating Eyewitness Identification Reform Act; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 380),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 82) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 82 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §62-1E-1, §62-1E-2 and §62-1E-3, all relating to creating
the Eyewitness Identification Act; and establishing definitions, eyewitness identification procedures,
a study task force and related training."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 381), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 82) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 117, Relating to determining competency to stand trial; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 382),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 117) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 117 - "A Bill to amend and reenact §27-6A-1, §27-6A-2, §27-6A-3,
§27-6A-4, §27-6A-5, §27-6A-6, §27-6A-8 and §27-6A-9 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto two new sections, designated §27-6A-10 and
§27-6A-11, all relating to the determination of a person's competency to stand trial and of criminal responsibility generally; addressing court jurisdiction over persons found not guilty by reason of
mental illness; defining terms requiring release from jurisdiction of the court under certain
circumstances; requiring periodic review of person found incompetent to stand trial; establishing
time limits for motions and hearings; adding provisions for forensic evaluations and evaluators; and
addressing evaluations of diminished capacity and dangerousness; providing for responsibility of
costs; and requiring the Department of Health and Human Services to establish policies and
procedures related to rates and reimbursements for evaluations and related services."Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 129, Authorizing PEIA to transfer excess reserve funds to Retiree
Health Benefit Trust Fund; on third reading, coming up in regular order, with an amendment
pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk,
amending the bill on page one, following the enacting clause, by striking out the remainder of the
bill and inserting in lieu thereof the following:
"That §5-16-2, §5-16-5, §5-16-7 and §5-16-25 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that §5-16D-1 and §5-16D-6 of said code be amended and
reenacted; and that §18A-1-1 of said code be amended and reenacted, all to read as follows:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.§5-16-2. Definitions.
The following words and phrases as used in this article, unless a different meaning is clearly
indicated by the context, have the following meanings:
(1) 'Agency' means the Public Employees Insurance Agency created by this article.
(2) 'Director' means the Director of the Public Employees Insurance Agency created by this
article.
(3) 'Employee' means any person, including an elected officersofficer, who works regularly
full time in the service of the State of West Virginia and, for the purpose of this article only, the term
'employee' also means any person, including an elected officersofficer, who works regularly full
time in the service of a county board of education; a county, city or town in the state; any separate
corporation or instrumentality established by one or more counties, cities or towns, as permitted by
law; any corporation or instrumentality supported in most part by counties, cities or towns; any
public corporation charged by law with the performance of a governmental function and whose
jurisdiction is coextensive with one or more counties, cities or towns; any comprehensive community
mental health center or comprehensive mental retardation facility established, operated or licensed
by the Secretary of Health and Human Resources pursuant to section one, article two-a, chapter
twenty-seven of this code and which is supported in part by state, county or municipal funds; any
person who works regularly full time in the service of the University of West Virginia Board of
Trustees or the board of directors of the state college systemHigher Education Policy Commission,
the West Virginia Council for Community and Technical College Education or a governing board,
as defined in section two, article one, chapter eighteen-b of this code; and any person who works
regularly full time in the service of a combined city-county health department created pursuant to
article two, chapter sixteen of this code; and any person who works as a long term substitute as
defined in section one, article one, chapter eighteen-a of this code, in the service of a county board
of education: Provided, That a long term substitute who is continuously employed for at least one
hundred thirty-three instructional days during an instructional term and until the end of that
instructional term, is eligible for the benefits provided in this article until the first day of September
following that instructional term. Provided further, That a long term substitute employed fewer than
one hundred thirty-three instructional days during an instructional term is eligible for the benefits provided in this article only during such time as he or she is actually employed as a long term
substitute. On and after the first day of January, one thousand nine hundred ninety-four, and upon
election by a county board of education to allow elected board members to participate in the Public
Employees Insurance Program pursuant to this article, any person elected to a county board of
education shall be considered to be an 'employee' during the term of office of the elected member:
Provided, That the elected member shall pay the entire cost of the premium if he or she elects to be
covered under this article. Any matters of doubt as to who is an employee within the meaning of this
article shall be decided by the director.
On or after the first day of July, one thousand nine hundred ninety-seven, a person shall be
considered an 'employee' if that person meets the following criteria:
(I) Participates in a job-sharing arrangement as defined in section one, article one, chapter
eighteen-a of this code;
(ii) Has been designated, in writing, by all other participants in that job-sharing arrangement
as the 'employee' for purposes of this section; and
(iii) Works at least one third of the time required for a full-time employee.
(4) 'Employer' means the State of West Virginia, its boards, agencies, commissions,
departments, institutions or spending units; a county board of education; a county, city or town in
the state; any separate corporation or instrumentality established by one or more counties, cities or
towns, as permitted by law; any corporation or instrumentality supported in most part by counties,
cities or towns; any public corporation charged by law with the performance of a governmental
function and whose jurisdiction is coextensive with one or more counties, cities or towns; any
comprehensive community mental health center or comprehensive mental retardation facility
established, operated or licensed by the Secretary of Health and Human Resources pursuant to
section one, article two-a, chapter twenty-seven of this code and which is supported in part by state,
county or municipal funds; and a combined city-county health department created pursuant to article
two, chapter sixteen of this code. Any matters of doubt as to who is an 'employer' within the meaning of this article shall be decided by the director. The term 'employer' does not include within
its meaning the National Guard.
(5) 'Finance board' means the Public Employees Insurance Agency finance board created by
this article.
(6) 'Person' means any individual, company, association, organization, corporation or other
legal entity, including, but not limited to, hospital, medical or dental service corporations; health
maintenance organizations or similar organization providing prepaid health benefits; or individuals
entitled to benefits under the provisions of this article.
(7) 'Plan', unless the context indicates otherwise, means the medical indemnity plan, the
managed care plan option or the group life insurance plan offered by the agency.
(8) 'Retired employee' means an employee of the state who retired after the twenty-ninth day
of April, one thousand nine hundred seventy-one, and an employee of the University of West
Virginia Board of Trustees or the board of directors of the state college system or a county board of
education who retires on or after the twenty-first day of April, one thousand nine hundred seventy-
two, and all additional eligible employees who retire on or after the effective date of this article, meet
the minimum eligibility requirements for their respective state retirement system and whose last
employer immediately prior to retirement under the state retirement system is a participating
employer: Provided, That for the purposes of this article, the employees who are not covered by a
state retirement system shall, in the case of education employees, meet the minimum eligibility
requirements of the State Teachers Retirement System and in all other cases, meet the minimum
eligibility requirements of the Public Employees Retirement System.

(a) The purpose of the finance board created by this article is to bring fiscal stability to the
Public Employees Insurance Agency through development of annual financial plans and long-range
plans designed to meet the agency's estimated total financial requirements, taking into account all revenues projected to be made available to the agency and apportioning necessary costs equitably
among participating employers, employees and retired employees and providers of health care
services.
(b) The finance board shall retain the services of an impartial, professional actuary, with
demonstrated experience in analysis of large group health insurance plans, to estimate the total
financial requirements of the Public Employees Insurance Agency for each fiscal year and to review
and render written professional opinions as to financial plans proposed by the finance board. The
actuary shall also assist in the development of alternative financing options and perform any other
services requested by the finance board or the director. All reasonable fees and expenses for
actuarial services shall be paid by the Public Employees Insurance Agency. Any financial plan or
modifications to a financial plan approved or proposed by the finance board pursuant to this section
shall be submitted to and reviewed by the actuary and may not be finally approved and submitted
to the Governor and to the Legislature without the actuary's written professional opinion that the plan
may be reasonably expected to generate sufficient revenues to meet all estimated program and
administrative costs of the agency, including incurred but unreported claims, for the fiscal year for
which the plan is proposed. The actuary's opinion on the financial plan for each fiscal year shall
allow for no more than thirty days of accounts payable to be carried over into the next fiscal year.
The actuary's opinion for any fiscal year shall not include a requirement for establishment of a
reserve fund.
(c) All financial plans required by this section shall establish:
(1) Maximum levels of reimbursement which the Public Employees Insurance Agency makes
to categories of health care providers;
(2) Any necessary cost containment measures for implementation by the director;
(3) The levels of premium costs to participating employers; and
(4) The types and levels of cost to participating employees and retired employees.
The financial plans may provide for different levels of costs based on the insureds' ability to pay. The finance board may establish different levels of costs to retired employees based upon
length of employment with a participating employer, ability to pay or other relevant factors. The
financial plans may also include optional alternative benefit plans with alternative types and levels
of cost. The finance board may develop policies which encourage the use of West Virginia health
care providers.
In addition, the finance board may allocate a portion of the premium costs charged to
participating employers to subsidize the cost of coverage for participating retired employees, on such
terms as the finance board determines are equitable and financially responsible.
(d)(1) The finance board shall prepare an annual financial plan for each fiscal year during
which the finance board remains in existence. The finance board chairman shall request the actuary
to estimate the total financial requirements of the Public Employees Insurance Agency for the fiscal
year.
(2) The finance board shall prepare a proposed financial plan designed to generate revenues
sufficient to meet all estimated program and administrative costs of the Public Employees Insurance
Agency for the fiscal year. The proposed financial plan shall allow for no more than thirty days of
accounts payable to be carried over into the next fiscal year. Before final adoption of the proposed
financial plan, the finance board shall request the actuary to review the plan and to render a written
professional opinion stating whether the plan will generate sufficient revenues to meet all estimated
program and administrative costs of the Public Employees Insurance Agency for the fiscal year. The
actuary's report shall explain the basis of its opinion. If the actuary concludes that the proposed
financial plan will not generate sufficient revenues to meet all anticipated costs, then the finance
board shall make necessary modifications to the proposed plan to ensure that all actuarially
determined financial requirements of the agency will be met.
(3) Upon obtaining the actuary's opinion, the finance board shall conduct one or more public
hearings in each congressional district to receive public comment on the proposed financial plan,
shall review the comments and shall finalize and approve the financial plan.
(4) Any financial plan shall be designed to allow thirty days or less of accounts payable to
be carried over into the next fiscal year. For each fiscal year, the Governor shall provide his or her
estimate of total revenues to the finance board no later than the fifteenth day of October of the
preceding fiscal year: Provided, That, for the prospective financial plans required by this section,
the Governor shall estimate the revenues available for each fiscal year of the plans based on the
estimated percentage of growth in general fund revenues. The finance board shall submit its final,
approved financial plan, after obtaining the necessary actuary's opinion and conducting one or more
public hearings in each congressional district, to the Governor and to the Legislature no later than
the first day of January preceding the fiscal year. The financial plan for a fiscal year becomes
effective and shall be implemented by the director on the first day of July of the fiscal year. In
addition to each final, approved financial plan required under this section, the finance board shall
also simultaneously submit financial statements based on generally accepted accounting practices
(GAAP) and the final, approved plan restated on an accrual basis of accounting, which shall include
allowances for incurred but not reported claims: Provided, however, That the financial statements
and the accrual-based financial plan restatement shall not affect the approved financial plan.
(e) The provisions of chapter twenty-nine-a of this code shall not apply to the preparation,
approval and implementation of the financial plans required by this section.
(f) By the first day of January of each year the finance board shall submit to the Governor and
the Legislature a prospective financial plan, for a period not to exceed five years, for the programs
provided in this article. Factors that the board shall consider include, but are not limited to, the
trends for the program and the industry; the medical rate of inflation; utilization patterns; cost of
services; and specific information such as average age of employee population, active to retiree
ratios, the service delivery system and health status of the population.
(g) The prospective financial plans shall be based on the estimated revenues submitted in
accordance with subdivision (4), subsection (d) of this section and shall include an average of the
projected cost-sharing percentages of premiums and an average of the projected deductibles and copays for the various programs. Beginning in the plan year which commences on the first day of
July, two thousand two, and in each plan year thereafter, until and including the plan year which
commences on the first day of July, two thousand six, the prospective plans shall include incremental
adjustments toward the ultimate level required in this subsection, in the aggregate cost-sharing
percentages of premium between employers and employees, including the amounts of any
subsidization of retired employee benefits. Provided, That for the period beginning the first day of
July, two thousand five, through the thirty-first day of December, two thousand five, the portion of
the policy surcharge collected from certain fire and casualty insurers and transferred into the fund
in the State Treasury of the Public Employees Insurance Agency pursuant to the provisions of section
thirty-three, article three, chapter thirty-three of this code shall be used, in lieu of an increase in costs
to active state pool employees, to subsidize any incremental adjustment in those employees' portion
of the aggregate cost-sharing percentages of premium between employers and employees. The
foregoing does not prohibit any premium increase occasioned by an employee's increase in salary:
Provided, however, That for the period beginning the first day of July, two thousand five, through
the thirty-first day of December, two thousand five, in lieu of an increase in costs to retired state pool
employees, such funds as are necessary to subsidize any increase in costs to retired state pool
employees shall be transferred from the reserve fund established in section twenty-five of this article
into the fund in the State Treasury of the Public Employees Insurance Agency. Effective in the plan
year commencing on the first day of July, two thousand six, and in each plan year thereafter, the
aggregate premium cost-sharing percentages between employers and employees, including the
amounts of any subsidization of retired employee benefits, shall be at a level of eighty percent for
the employer and twenty percent for employees, except for the employers provided in subsection (d),
section eighteen of this article whose premium cost-sharing percentages shall be governed by that
subsection. After the submission of the initial prospective plan, the board may not increase costs to
the participating employers or change the average of the premiums, deductibles and copays for
employees, except in the event of a true emergency as provided in this section: Provided further, That if the board invokes the emergency provisions, the cost shall be borne between the employers
and employees in proportion to the cost-sharing ratio for that plan year: And Provided, further
however, That for purposes of this section, 'emergency' means that the most recent projections
demonstrate that plan expenses will exceed plan revenues by more than one percent in any plan year:
andProvided further, That the aggregate premium cost-sharing percentages between employers and
employees, including the amounts of any subsidization of retired employee benefits, scheduled to
be at a level of twenty percent for employees by the first day of July two-thousand six may be offset,
in part, by a legislative appropriation for that purpose. prior to the first day of July two-thousand six
(h) The finance board shall meet on at least a quarterly basis to review implementation of its
current financial plan in light of the actual experience of the Public Employees Insurance Agency.
The board shall review actual costs incurred, any revised cost estimates provided by the actuary,
expenditures and any other factors affecting the fiscal stability of the plan and may make any
additional modifications to the plan necessary to ensure that the total financial requirements of the
agency for the current fiscal year are met. The finance board may not increase the types and levels
of cost to employees during its quarterly review except in the event of a true emergency.
(i) For any fiscal year in which legislative appropriations differ from the Governor's estimate
of general and special revenues available to the agency, the finance board shall, within thirty days
after passage of the budget bill, make any modifications to the plan necessary to ensure that the total
financial requirements of the agency for the current fiscal year are met.

§5-16-7. Authorization to establish group hospital and surgical insurance plan, group major
medical insurance plan, group prescription drug plan and group life and
accidental death insurance plan; rules for administration of plans;
mandated benefits; what plans may provide; optional plans; separate rating
for claims experience purposes.

(a) The agency shall establish a group hospital and surgical insurance plan or plans, a group
prescription drug insurance plan or plans, a group major medical insurance plan or plans and a group life and accidental death insurance plan or plans for those employees herein made eligible, and to
establish and promulgate rules for the administration of these plans, subject to the limitations
contained in this article. Those plans shall include:
(1) Coverages and benefits for X-ray and laboratory services in connection with
mammograms when medically appropriate and consistent with current guidelines from the United
States Preventive Services Task Force; pap smears, either conventional or liquid-based cytology,
whichever is medically appropriate and consistent with the current guidelines from either the United
States Preventive Services Task Force or The American College of Obstetricians and Gynecologists;
and a test for the human papilloma virus (HPV) when medically appropriate and consistent with
current guidelines from either the United States Preventive Services Task Force or The American
College of Obstetricians and Gynecologists, when performed for cancer screening or diagnostic
services on a woman age eighteen or over;
(2) Annual checkups for prostate cancer in men age fifty and over;
(3) For plans that include maternity benefits, coverage for inpatient care in a duly licensed
health care facility for a mother and her newly born infant for the length of time which the attending
physician considers medically necessary for the mother or her newly born child: Provided, That no
a plan may not deny payment for a mother or her newborn child prior to forty-eight hours following
a vaginal delivery, or prior to ninety-six hours following a caesarean section delivery, if the attending
physician considers discharge medically inappropriate;
(4) For plans which provide coverages for post-delivery care to a mother and her newly born
child in the home, coverage for inpatient care following childbirth as provided in subdivision (3) of
this subsection if inpatient care is determined to be medically necessary by the attending physician.
Those plans may also include, among other things, medicines, medical equipment, prosthetic
appliances, and any other inpatient and outpatient services and expenses considered appropriate and
desirable by the agency; and
(5) Coverage for treatment of serious mental illness.
(A) The coverage does not include custodial care, residential care or schooling. For purposes
of this section, 'serious mental illness' means an illness included in the American psychiatric
association's diagnostic and statistical manual of mental disorders, as periodically revised, under the
diagnostic categories or subclassifications of: (I) Schizophrenia and other psychotic disorders; (ii)
bipolar disorders; (iii) depressive disorders; (iv) substance-related disorders with the exception of
caffeine-related disorders and nicotine-related disorders; (v) anxiety disorders; and (vi) anorexia and
bulimia. With regard to any covered individual who has not yet attained the age of nineteen years,
'serious mental illness' also includes attention deficit hyperactivity disorder, separation anxiety
disorder and conduct disorder.
(B) Notwithstanding any other provision in this section to the contrary, in the event that the
agency can demonstrate actuarially that its total anticipated costs for the treatment of mental illness
for any plan will exceed or have exceeded two percent of the total costs for such plan in any
experience period, then the agency may apply whatever cost containment measures may be
necessary, including, but not limited to, limitations on inpatient and outpatient benefits, to maintain
costs below two percent of the total costs for the plan.
(C) The agency shall not discriminate between medical-surgical benefits and mental health
benefits in the administration of its plan. With regard to both medical-surgical and mental health
benefits, it may make determinations of medical necessity and appropriateness, and it may use
recognized health care quality and cost management tools, including, but not limited to, limitations
on inpatient and outpatient benefits, utilization review, implementation of cost containment
measures, preauthorization for certain treatments, setting coverage levels, setting maximum number
of visits within certain time periods, using capitated benefit arrangements, using fee-for-service
arrangements, using third-party administrators, using provider networks and using patient cost
sharing in the form of copayments, deductibles and coinsurance.
(b) The agency shall make available to each eligible employee, at full cost to the employee,
the opportunity to purchase optional group life and accidental death insurance as established under the rules of the agency. In addition, each employee is entitled to have his or her spouse and
dependents, as defined by the rules of the agency, included in the optional coverage, at full cost to
the employee, for each eligible dependent; and with full authorization to the agency to make the
optional coverage available and provide an opportunity of purchase to each employee.
(c) The finance board may cause to be separately rated for claims experience purposes:
(1) All employees of the state of West Virginia;
(2) All teaching and professional employees of state public institutions of higher education
and county boards of education;
(3) All nonteaching employees of the university of West Virginia board of trustees or the
board of directors of the state college system and county boards of education; or
(4) Any other categorization which would ensure the stability of the overall program.(d) The agency shall maintain the medical and prescription drug coverage for Medicare
eligible retirees by providing coverage through one of the existing plans or by enrolling the Medicare
eligible retired employees into a Medicare specific plan, including but not limited to, the
Medicare/Advantage Prescription Drug Plan. In the event that a Medicare specific plan would no
longer be available or advantageous for the agency and the retirees, the retirees shall remain eligible
for coverage through the agency.§5-16-25. Reserve fund.
Upon the effective date of this section, the finance board shall establish and maintain a
reserve fund for the purposes of offsetting unanticipated claim losses in any fiscal year. Beginning
with the fiscal year two thousand two plan and for each succeeding fiscal year plan, the finance board
shall transfer ten percent of the projected total plan costs for that year into the reserve fund, which
is to be certified by the actuary and included in the final, approved financial plan submitted to the
Governor and Legislature in accordance with the provisions of this article. Any moneys saved in a
plan year shall be transferred into the reserve fund. At the close of any fiscal year in which the
balance in the reserve fund exceeds the recommended reserve amount by fifteen percent, the executive director shall transfer that amount to the fund established in section fourteen-a, article two,
chapter
five-a of this code for appropriation by the Legislature.ARTICLE 16D. WEST VIRGINIA RETIREMENT HEALTH BENEFIT TRUST FUND.
§5-16D-1. Definitions.
As used in this article, the term:
(a) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial
cost method, of the actuarial present value of fund obligations and administrative expenses which
is not provided by future normal costs.
(b) 'Actuarial cost method' means a method for determining the actuarial present value of
the obligations and administrative expenses of the fund and for developing an actuarially equivalent
allocation of the value to time periods, usually in the form of a normal cost and an actuarial accrued
liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age,
frozen entry age, and projected unit credit methods.
(c) 'Actuarially sound' means that calculated contributions to the fund are sufficient to pay
the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing
for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial
accrued liability over a period of no more than thirty years.
(d) 'Actuarial present value of total projected benefits' means the present value, at the
valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected
effects of the time value of money and the probability of payment.
(e) 'Actuarial assumptions' means assumptions regarding the occurrence of future events
affecting the fund such as mortality, withdrawal, disability, and retirement; changes in compensation
and offered post-employment benefits; rates of investment earnings and other asset appreciation or
depreciation; procedures used to determine the actuarial value of assets; and other relevant items.
(f) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the fund.
(g) 'Administrative expenses' means all expenses incurred in the operation of the fund,
including all investment expenses.
(h) 'Annual required contribution' means the amount employers must contribute in a given
year to fully fund the trust, as determined by the actuarial valuation in accordance with requirements
of generally accepted accounting principles. This amount shall represent a level of funding that if
paid on an ongoing basis is projected to cover the normal cost each year and amortize any unfunded
actuarial liabilities of the plan over a period not to exceed thirty years.
(i) 'Board' means the Public Employees Insurance Agency Finance Board created in section
four, article sixteen of this chapter.
(j) 'Cost sharing multiple employer plan' means a single plan with pooling (cost-sharing)
arrangements for the participating employers. All risk, rewards, and costs, including benefit costs,
are shared and not attributed individually to the employers. A single actuarial valuation covers all
plan members and the same contribution rate(s) applies for each employer.
(k) 'Covered health care expenses' means all actual health care expenses paid by the health
plan on behalf, of fund beneficiaries. Actual health care expenses include claims payments to
providers and premiums paid to intermediary entities and health care providers by the health plan.
(l) 'Employer' means any employer as defined by section two, article sixteen of this chapter,
which has or will have retired employees in any Public Employees Insurance Agency health plan.
(m) 'Employer annual required contribution' means the portion of the annual required
contribution which is the responsibility of that particular employer.
(n) 'Fund' means the West Virginia Retiree Health Benefit Trust Fund established under this
article.
(o) 'Fund beneficiaries' means all persons receiving post-employment health care benefits
through the health plan.
(p) 'Health plan' means the health insurance plan or plans established under article sixteen of this chapter.
(q) 'Minimum annual employer premium payment' means the annual amount paid by
employers toward retiree premiums, which, when combined with the retirees' contributions on their
premiums that year, provide sufficient funds to cover all projected retiree covered health care
expenses and related administrative costs for that year. The finance board shall develop the minimum
annual employer premium payment as part of its financial plan each year as addressed in section five,
article sixteen of this chapter.
(r) 'Normal cost' means that portion of the actuarial present value of the fund obligations and
expenses which is allocated to a valuation year by the actuarial cost method used for the fund.
(s) 'Obligations' means the administrative expenses of the fund and the cost of covered
health care expenses incurred on behalf of fund beneficiaries.
(t) 'Other post-employment benefits' or 'retiree post-employment health care benefits' means
those benefits as addressed by governmental accounting standards board statement no. 43, or any
subsequent governmental standards board statement that may be applicable to the fund.
(u) 'Plan for other post-employment benefits' means the fiscal funding plan for retiree post-
employment health care benefits as it relates to governmental accounting standards board statement
no. 43, or any subsequent governmental accounting standards board statements that may be
applicable to the fund.
(v) 'Retiree' means retired employee as defined by section two, article sixteen of this chapter.
(w) 'Retirement system' or 'system' means the West Virginia Consolidated Public
Retirement Board created and established by article ten of this chapter and includes any retirement
systems or funds administered or overseen by the Consolidated Public Retirement Board.
(x) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the
actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost
method used by the fund for funding purposes.§5-16D-6. Mandatory employer contributions.
(a) The board shall annually set the total annual required contribution sufficient to maintain
the fund in an actuarially sound manner in accordance with generally accepted accounting principles.
(b) The board shall annually allocate to the respective employers the employer's portion of
the annual required contribution, which allocated amount is the 'employer annual required
contribution'.
(c) The board may apportion the annual required contribution into various components. These
components may include the amortized unfunded actuarial accrued liability, the total normal cost,
the employer annual required contribution and the lesser included minimum annual employer
premium payment. In the board's annual apportionment of the annual required contribution, any
amounts of the minimum annual employer payment apportioned to reduce the amortized unfunded
actuarial accrued liability shall not be treated as premium by the board in the finance plan, but rather,
shall be treated as contributions to pre-fund other post employment benefits.
(d) It shall be the mandatory responsibility of employers to make annual contributions to the
fund in, at least, the amount of the minimum annual employer premium payment rates established
by the board.
(e) It shall be the responsibility of the Public Employees Insurance Agency to bill each
employer for the employer annual required contribution and the included minimum annual employer
premium payment. It shall be the responsibility of the Public Employees Insurance Agency to
annually collect the minimum annual employer premium payment. The Public Employees Insurance
Agency shall, in addition to the minimum annual employer premium payment, collect any amounts
the employer elects to pay toward the employer annual required contribution. Any employer annual
required contribution amount not satisfied by the respective employer shall remain the liability of
that employer until fully paid.

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 1. GENERAL PROVISIONS.
§18A-1-1. Definitions.
The definitions contained in section one, article one, chapter eighteen of this code apply to
this chapter. In addition, the following words used in this chapter and in any proceedings pursuant
to this chapter shall, unless the context clearly indicates a different meaning, be construed as follows:
(a) 'School personnel' means all personnel employed by a county board whether employed
on a regular full-time basis, an hourly basis or otherwise. School personnel shall be comprised of
two categories: Professional personnel and service personnel;
(b) 'Professional personnel' means persons who meet the certification requirements of the
state, licensing requirements of the state or both and includes the professional educator and other
professional employees;
(c) 'Professional educator' has the same meaning as 'teacher' as defined in section one,
article one, chapter eighteen of this code. Professional educators shall be classified as:
(1) 'Classroom teacher' means a professional educator who has direct instructional or
counseling relationship with pupils, spending the majority of his or her time in this capacity;
(2) 'Principal' means a professional educator who, as agent of the county board, has
responsibility for the supervision, management and control of a school or schools within the
guidelines established by the county board. The major area of the responsibility shall be the general
supervision of all the schools and all school activities involving pupils, teachers and other school
personnel;
(3) 'Supervisor' means a professional educator who, whether by this or other appropriate
title, is responsible for working primarily in the field with professional and other personnel in
instructional and other school improvement; and
(4) 'Central office administrator' means a superintendent, associate superintendent, assistant
superintendent and other professional educators, whether by these or other appropriate titles, who
are charged with the administering and supervising of the whole or some assigned part of the total
program of the countywide school system;
(d) 'Other professional employee' means that person from another profession who is properly licensed and is employed to serve the public schools and includes a registered professional nurse,
licensed by the West Virginia board of examiners for registered professional nurses and employed
by a county board, who has completed either a two-year (sixty-four semester hours) or a three-year
(ninety-six semester hours) nursing program;
(e) 'Service personnel' means those who serve the school or schools as a whole, in a
nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation,
school lunch and as aides;
(f) 'Principals academy' or 'academy' means the academy created pursuant to section two-b,
article three-a of this chapter;
(g) 'Center for professional development' means the center created pursuant to section one,
article three-a of this chapter;
(h) 'Job-sharing arrangement' means a formal, written agreement voluntarily entered into by
a county board with two or more of its employees who wish to divide between them the duties and
responsibilities of one authorized full-time position;
(i) 'Prospective employable professional personnel' means certified professional educators
who:
(1) Have been recruited on a reserve list of a county board;
(2) Have been recruited at a job fair or as a result of contact made at a job fair;
(3) Have not obtained regular employee status through the job posting process provided for
in section seven-a, article four of this chapter; and
(4) Have obtained a baccalaureate degree from an accredited institution of higher education
within the past year;
(j) 'Dangerous student' means a pupil who is substantially likely to cause serious bodily
injury to himself, herself or another individual within that pupil's educational environment, which
may include any alternative education environment, as evidenced by a pattern or series of violent
behavior exhibited by the pupil, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense; and
(k) 'Alternative education' means an authorized departure from the regular school program
designed to provide educational and social development for students whose disruptive behavior
places them at risk of not succeeding in the traditional school structures and in adult life without
positive interventions.(l) 'Long term substitute' means a substitute employee who fills a vacant position:
(1) That the county superintendent expects to extend for at least ninety consecutive days, and
is either:
(A) Listed in the job posting as a long term substitute position of over ninety days; or
(B) Listed in a job posting and:
(i) Is not filled by a regular, full-time employee; and
(ii) Is filled by a substitute employee.
For the purposes of section two, article sixteen, chapter five of this code long term substitute
does not include a retired employee hired to fill the vacant position."
On motion of Delegates White and Poling, the amendment was amended on page five,
section two, line nineteen, following the words "retirement system", by inserting the words "but who
are covered by a state approved or a state contracted retirement system".
On page fourteen, section seven, line sixteen, preceding the words "For plans", by inserting
the words "Annual screening for kidney disease as determined to be medically necessary by a
physician using any combination of blood pressure testing, urine albumin or urine protein testing and
serum creatinine testing as recommended by the National Kidney Foundation; (4)".
On page fourteen, section seven, line twenty-five, by striking out the subdivision designation
"(4)", and inserting in lieu thereof "(5)".
On page fifteen, section seven, line eight, by striking out the subdivision designation "(5)",
and inserting in lieu thereof "(6)".
On page seventeen, section seven, lines seven through nine, by striking out the words "university of West Virginia board of trustees or the board of directors of the state college system"
and inserting in lieu thereof the words "Higher Education Policy Commission, West Virginia
Council for Community and Technical College Education".
On page eighteen, section twenty-five, line five, following the period, by inserting the
following sentence: "At the close of any fiscal year in which the balance in the reserve fund exceeds
the recommended reserve amount by fifteen percent, the executive director shall transfer that amount
to the West Virginia Retiree Health Benefit Trust Fund created in section two, article sixteen-d of
this chapter.".
On page twenty, section one, line twelve, by striking out the word "rate(s)", and inserting in
lieu thereof the word "rate".
On page twenty-three, section six, line seven, by striking out the words "It shall be the
mandatory responsibility of employers to", and inserting in lieu thereof the words "Employers shall";
On page twenty-three, section six, lines eleven and twelve, by striking out the words "It shall
be the responsibility of the Public Employees Insurance Agency to", and inserting in lieu thereof the
words "The Public Employees Insurance Agency shall".
On page twenty-three, section six, lines fourteen and fifteen, by striking out the words "It
shall be the responsibility of the Public Employees Insurance Agency to", and inserting in lieu
thereof the words "The Public Employees Insurance Agency shall".
And,
On page twenty-seven, section one, line six, following the word "posting", by inserting the
words "as a regular, full-time position".
The question now before the House being the amendment by the Committee on Finance, as
amended, the same was put and prevailed.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 383),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 129) passed.
The Clerk reported an amendment to the title of the bill, recommended by the Committee on
Finance and Delegate White asked and obtained that the same be withdrawn.
On motion of the Delegates White and Poling, the following substitute amendment to the
title was then read by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 129 - "A Bill to amend and reenact §5-16-2, §5-16-5, §5-16-7 and §5-
16-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16D-1 and §5-16D-
6 of said code; and to amend and reenact §18A-1-1 of said code, all relating to Public Employees
Insurance Agency; expanding insurance coverage eligibility to include certain substitute employees;
expanding coverage to include certain procedures; clarifying certain eligibility provision; requiring
continued insurance coverage for Medicare eligible retired employees; modifying treatment of
reserve fund balances; modifying treatment of certain portions of required employer annual
payments; modifying certain employer annual required contribution provisions; making technical
corrections; and deleting obsolete provisions."
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 384), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 129) takes effect July 1, 2007.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 385),
and there were--yeas 83, nays 15, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Border, Canterbury, Eldridge, Ellis, Frederick, Lane, C. Miller, J.
Miller, Overington, Romine, Rowan, Spencer and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 178) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 178 - "A Bill to amend and reenact §7-18-2 and §7-18-14 of the Code
of West Virginia, 1931, as amended, all relating to hotel occupancy tax; allowing counties to
increase the hotel occupancy tax to not more than six percent; requiring public hearing prior to
enacting increase; and including incentives for passenger air service within the state, emergency
services in certain areas, and the support of the Hatfield-McCoy recreational authority, its purposes
and operations by participating counties as permissible expenditures of the proceeds from the hotel
occupancy tax."Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 192, Authorizing Commissioner of Division of Corrections to issue
warrants for certain inmates; on third reading, coming up in regular order, was read a third time;
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 386),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 192) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.Com. Sub. for S. B. 278, Authorizing Department of Health and Human Resources
promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
Delegates Armstead and C. Miller requested to be excused from voting on the passage of
Com. Sub. for S. B. 278 under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 387),
and there were--yeas 79, nays 19, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Azinger, Border, Canterbury, Cowles, Hamilton, Ireland, Lane,
Long, Porter, Schoen, Sobonya, Stalnaker, Sumner, Tabb, Tansill, Walters and Wysong.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 278) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 388), and there were--yeas 91, nays
7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Canterbury, Cowles, Hamilton, Long, Sobonya, Sumner and Walters.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 278) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 361, Establishing work programs for qualified inmates; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 389),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 361) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 381, Relating to insurance fraud; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 390),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 381) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 386, Exempting public disclosure of specific public utility plant
engineering plans; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 391),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 386) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 386 - "A Bill to amend and reenact §29B-1-4 of the Code of West
Virginia, 1931, as amended, relating to exempting from public disclosure specific engineering plans
of existing public utility plants and equipment; and exempting customer proprietary network
information from public disclosure of information, consistent with federal law." Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 393, Creating Marketing and Communications Fund; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 392),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 393) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 393 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §5B-1-1a, relating to the Marketing and
Communications Office; creating the Marketing and Communications Office in the Department of
Commerce; authorizing the office to provide marketing and communications goods and services to other state agencies, departments, units of state or local government or other entity or person;
authorizing the assessment of fees; setting fees; creating a special revenue account; providing for
expenditure of funds; requiring certain reports; and providing sunset provisions."
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 393), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 393) takes effect July 1, 2007.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 396, Exempting site-specific data on certain rare plant or animal species from
disclosure; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 394),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 396) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:S. B. 396 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-2-29, relating to authorizing the Director of the Division of
Natural Resources to exempt site-specific data on certain rare plant or animal species and their
habitats from disclosure under the Freedom of Information Act; providing exceptions thereto; and
placing limitations on the use of released information."Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 403, Increasing sealed bids' limitation for certain purchases and contracts by ambulance
service authorities; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 395),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 403) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 406, Including qualified continuing care retirement communities under Tax Limitations
Amendment provisions; on third reading, coming up in regular order, was, on motion of Delegate
DeLong, postponed until the completion of the third reading calendar.S. B. 511, Repealing code section relating to insurance policies; on third reading, coming up
in regular order, was, on motion of Delegate Webster, postponed until the completion of the third
reading calendarCom. Sub. for S. B. 518, Conforming WV Works Program with federal law requirements;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 396),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 518) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 526, Relating to political activities of deputy sheriffs and municipal police officers; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 397),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 526) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 529, Prohibiting requirement that sexual offense victims pay costs of
forensic examination; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 398),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 529) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 529 - "A Bill to amend and reenact §61-8B-16 of the Code of West
Virginia, 1931, as amended, relating to forensic medical examinations; prohibiting any requirement
that an alleged victim of a sexual offense must pay for the costs of a forensic medical examination,
participate in the criminal justice system or cooperate with law enforcement in order to receive a forensic medical examination; eliminating certain reimbursement; and clarifying that licensed
medical facilities may seek payment from the alleged victim or his or her insurer for services
rendered other than the forensic medical examination."Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 550, Eliminating bond requirement for person authorized to perform marriages; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 399),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 550) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.Com. Sub. for S. B. 559, Authorizing Insurance Commissioner propose rules related to
military personnel insurance; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 400),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 559) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.S. B. 592, Making supplemental appropriation to Interoperable Radio Project; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 401),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 592) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 402), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 592) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.Com. Sub. for S. B. 601, Revising provisions governing motor vehicle dealers' establishment
or relocation; on third reading, coming up in regular order, was read a third time.
Delegate C. Miller requested to be excused from voting on the passage of S. B. 336 under
the provisions of House Rule 49, stating that her husband owns an automobile dealership.
The Speaker refused to excuse the Lady from voting, stating that she was a member of a class
of persons possibly to be affected by the passage of the bill and that she demonstrated no direct
personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 403),
and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Argento, Carmichael, Ireland, Kessler and Martin.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 601) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 404), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Kessler.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 601) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 606, Distributing application for absentee voting by electronic mail; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 405),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Cowles.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 606) passed.
On motion of Delegate Webster, the title of the bill was amended to read as follows:Com. Sub. for S. B. 606 - "A Bill to amend and reenact §3-3-5 of the Code of West Virginia,
1931, as amended, relating to absentee voting; providing that the application for absentee voting may
be distributed and returned by electronic mail; providing for distribution and return by facsimile of
ballots for an absent uniformed services voter or overseas voter; and providing procedures for securely receiving and tabulating facsimile ballots."Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 611, Relating to Division of Natural Resources' long-term contracts with third parties;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 406),
and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Ashley, Border, Carmichael, Lane, c. Miller J. Miller, Overington,
Porter, Schoen and Sobonya.
Absent And Not Voting: Doyle, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 611) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.S. B. 616, Relating to election ballots; on third reading, coming up in regular order, was read
a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 407),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 616) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 643, Relating to insurance laws violations investigations; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 408),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 643) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.Com. Sub. for S. B. 672, Including boat retailers in special method for appraising dealer
vehicle inventory; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 409),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 672) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 672 - "A Bill to amend and reenact §11-6C-1, §11-6C-2, §11-6C-3,
§11-6C-4 and §11-6C-5 of the code of West Virginia, 1931, as amended, all relating to the special
method for appraising dealer vehicle inventory generally; including dealer boat inventory and daily
passenger rental car inventory in the special method for appraising dealer vehicle inventory;
providing the method for determining the market value of passenger rental cars held in inventory of
daily passenger car rental businesses; providing the method for determining the market value of
dealer motorboat inventory held by a recreational vehicle dealer; and providing the method for determining the market value of house trailers and factory-built homes."Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 690, Exempting consumers sales and service tax on highway construction and
maintenance materials; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 410),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 690) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 411), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 690) takes effect July 1, 2007.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 707, Increasing jail processing fee amount; on third reading, coming up in regular order,
was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 412),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 707) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 413), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 707) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 712, Relating to wine regulations; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 414),
and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Brown, Duke, Lane, Miller, C, Overington, Poling, D, Porter, Schoen,
Sobonya, Stephens, Sumner and Tabb.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 712) passed.
On motion of Delegates Webster and Stemple, the title of the bill was amended to read as
follows:Com. Sub. for S. B. 712 - "A Bill to amend and reenact §11-10-5s of the Code of West
Virginia, 1931, as amended; to amend and reenact §17-22-7 of said code; to amend and reenact §60-
1-5a of said code; to amend and reenact §60-3A-18 of said code; to amend and reenact §60-4-2, §60-
4-3, §60-4-3a, §60-4-15 and §60-4-22 of said code; to amend said code by adding thereto a new
section, designated §60-4-3b; to amend and reenact §60-6-1 and §60-6-2 of said code; to amend and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-5, §60-8-6, §60-8-7, §60-8-16, §60-8-18, §60-8-
19, §60-8-20, §60-8-23, §60-8-24, §60-8-25, §60-8-26, §60-8-28, §60-8-29, §60-8-30, §60-8-31,
§60-8-32 and §60-8-34 of said code; and to amend said code by adding thereto a new section,
designated §60-8-6a, all relating to alcohol beverage regulation generally; the regulation of wine;
requiring farm wineries to pay taxes and license fees, equalizing wineries with distilleries and farm
wineries with mini-distilleries as to signage, licensing, license fees, sales and the use of suppliers and
distributors; providing licensing procedure for wineries, farm wineries, suppliers or retailers to sell
and direct ship wine for personal consumption by an adult over twenty-one years of age; providing
licensing requirements and registration procedures for wine suppliers, subject to a review of all wine
labels; amending the definition of 'wine'; adding a private wine bed and breakfast license and a
private wine spa license; permitting adult patrons at private wine bed and breakfasts, private wine
restaurants, private wine spas and private clubs to recork or reseal, with a tamper resistant cork or
seal, for off-premises consumption up to two bottles of unconsumed wine when the sale of wine is
accompanied by food or a meal; extending hours retail licensees may sell liquor; permitting a private
wine restaurant or a private club to sell from its inventory, for off-premises consumption, one bottle
of wine per adult; equalizing certain license fees; adding protections for wineries, farm wineries,
suppliers and distributors by requiring written agreements between the parties, a notice of
termination and ninety days for a party to either deplete wine inventories or reach some other
agreement; and permitting sharing of tax, licensing and enforcement information between the Tax
Commissioner and the Alcohol Beverage Control Commissioner."Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 738, Requiring WV Parkways, Economic Development and Tourism
Authority present proposed toll revision to Joint Committee on Government and Finance; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 415), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Frederick, Long and Porter.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 738) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 738 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §17-16A-6a, relating to requiring certain reports from
the West Virginia Parkways, Economic Development and Tourism Authority regarding a proposed
toll or a toll revision to the Joint Committee on Government and Finance."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 416), and there were--yeas 95, nays
3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Frederick, Long and Porter.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 738) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for H. B. 2007, Budget Bill, making appropriations of public money out of the
treasury in accordance with section fifty-one, article six of the Constitution; on third reading, coming
up in regular order, was read a third time.
Delegates Browning, Ellem, Hutchins, Pethtel, Schadler and Spencer requested to be excused
from voting on the passage of the bill, each stating varied reasons such as employer funding, professional status, service with or without compensation as board members of various festivals, etc.
The Speaker replied that all members could possibly request a ruling concerning their status
under House Rule 49, and further stated that as members of the Legislature, they were each mandated
to vote on the budget. He also stated that inasmuch as members were requesting to be excused, he
viewed their status simply as a class of persons having no direct personal or pecuniary interest in or
benefit from the passage of the bill and he would require each to vote thereon.
On the passage of the bill, the yeas and nays were taken (Roll No. 417), and there were--yeas
94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Carmichael and Lane.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2007) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 418), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2007) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 406, Including qualified continuing care retirement communities under Tax Limitations
Amendment provisions; on third reading, having been postponed in earlier proceedings was taken
up for further consideration.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 419),
and there were--yeas 71, nays 26, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Argento, Barker, Brown, Browning, Cann, Cowles, Duke, Eldridge, Fleischauer,
Hamilton, Hartman, Iaquinta, Marshall, Martin, Michael, Miley, Moye, Overington, Perdue, Porter,
Romine, Stephens, Sumner, Tabb, Tansill and Wysong.
Absent And Not Voting: Blair, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 406) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 511, Repealing code section relating to insurance policies; on third reading, having been
postponed in earlier proceedings, was, on motion of Delegate DeLong, laid over one day.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as toH. B. 2670, Authorizing the Department of Commerce to promulgate legislative rules.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Fanning, White and Barnes.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Brown, Stemple and Hamilton.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment toS. B. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into
certain standards.
On motion of Delegate DeLong, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Shaver, Pethtel and Sumner.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 1:10 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 3:00
p.m., and reconvened at that time.A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment toS. B. 438, Relating to Investment Management Board.
On motion of Delegate DeLong, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of Conference of
three
from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Manchin, Klempa and Walters..Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Com. Sub. for S. B. 100, Requiring local school boards reimburse mileage to school service
personnel using own vehicle; on third reading, coming up in regular order, was read a third time.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:Com. Sub. for S. B. 100 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18A-2-14, relating to requiring county boards of
education to reimburse school personnel for mileage costs when the employee is required to use a
personal vehicle in the course of employment; and establishing parameters for rate of
reimbursement.".
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 420),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Manchin, M. Poling, Swartzmiller, Talbott and Ron
Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 100) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 421), and there were--yeas 94, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Manchin, Poling, M, Swartzmiller, Talbott and Ron
Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 100) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 204, Assessing cost of petit juries in magistrate court; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 422),
and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Argento, Manchin, M. Poling, Swartzmiller, Talbott and Ron
Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 204) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 388, Relating to medical support provisions in child support orders; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 423),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Manchin, M. Poling, Swartzmiller, Talbott and Ron
Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 388) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 405, Relating to direct deposit payment; on third reading, coming up in regular order,
was read a third time.
An amendment to the title of the bill, recommended by the Committee on Government
Organization, was reported by the Clerk and adopted, amending the title to read as follows:S. B. 405 - "A Bill to amend and reenact §12-3-5 of the Code of West Virginia, 1931, as
amended, relating to electronic requisition format approved by the Auditor; and providing that the
Auditor may set standards for archiving electronic and paper documents related to requisitions."
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 424),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Manchin, M. Poling, Swartzmiller, Talbott and Ron
Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 405) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 428, Establishing consumer identity theft protections; on third reading
coming up in regular order, was, at the request of Delegate DeLong, and by unanimous consent, then
postponed until the completion of all items on second reading.Com. Sub. for S. B. 465, Establishing Dam Safety Rehabilitation Revolving Fund; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 425), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Manchin, M. Poling, Swartzmiller, Talbott and Ron
Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 465) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for S. B. 475, Allowing appellant file stay with Board of Zoning Appeals; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 426),
and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Armstead.
Absent And Not Voting: Argento, Manchin, Stemple, Swartzmiller, Talbott and Ron
Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 475) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 542, Authorizing rules for Higher Education Policy Commission and Council for
Community and Technical College Education; on third reading, coming up in regular order, was read
a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 427),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Long, Manchin, Swartzmiller, Talbott and Ron
Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 542) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.S. B. 557, Relating to judicial review of juvenile proceedings; on third reading, coming up
in regular order, with the right to amend, was reported by the Clerk.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 428),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Manchin, Swartzmiller, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 557) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 429), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Manchin, Swartzmiller, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 557) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.S. B. 593, Making supplemental appropriation to Board of Pharmacy; on third reading,
coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 430), and there were--yeas
95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Manchin, Swartzmiller, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 593) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 431), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Manchin, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 593) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.Com. Sub. for S. B. 709, Authorizing circuit courts grant custodial and noncustodial
improvement periods to certain juveniles; on third reading, coming up in regular order, was read a
third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 432),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Manchin, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 709) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.S. B. 746, Requiring Director of Division of Personnel report on centralized personnel
system; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 433),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Manchin, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 746) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 434), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Manchin, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 746) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate.S. B. 747, Creating Municipal Home Rule Pilot Program; on third reading, coming up in
regular order, with the restricted right to amend by Delegate Sobonya, was reported by the Clerk.
Delegate DeLong asked and obtained unanimous consent that the right to amend on third
reading be expanded to all members.
On motion of Delegate Webster, was bill was then amended on page two, by striking out
everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS;

CONSTRUCTION.

§8-1-5a. Pilot program to increase powers of municipal self government.(a) The Legislature finds and declares that:(1) The future economic progress for the State of West Virginia is directly related to the
success of its municipalities in that stronger municipalities will make for a stronger West Virginia;
(2) Municipalities face numerous challenges managing their budgets and delivering services
required by federal or state law or demanded by their constituents;
(3)Municipalities are sometimes restricted by state statutes, policies, rules and responsibilities
that prevent them from carrying out their duties and responsibilities in a cost effective, efficient and
timely manner; and
(4) Authorizing pilot municipalities and metro governments in West Virginia to exercise
broad-based home rule will allow the Legislature the opportunity to evaluate the viability of allowing
municipalities to have broad-based state home rule to improve urban and state development.
(b) It is the intent of the Legislature in enacting this section to establish a framework for
municipalities within which new ideas can be explored to see if they can or should be implemented
on a statewide basis.
(c) Effective the first day of July, two thousand seven, there is hereby created a pilot program
to be known as the Municipal Home Rule Pilot Program authorizing five selected Class I, Class II
and/or Class III municipalities and/or metro governments the authority to enact any ordinances, acts,
resolutions, rules and regulations not contrary to the constitutions of the United States or West
Virginia, federal law, or chapters sixty-a, sixty-one and sixty-two of this code.
(d) To be eligible to participate in the Municipal Home Rule Pilot Program the applicant
shall:
(1) Be a Class I, Class II and/or Class III municipality, and/or metro government: Provided,
That a municipality considering consolidation or establishing a metro government shall have no
more than two years from the date it is selected for the pilot program to complete its consolidation
or metro government process or its participation in the pilot program will terminate at the end of the
two-year period; and(2) Have a written plan stating in detail the following:
(A) The specific laws, policies, rules or regulations which prevent the municipality from
carrying out its duties in the most cost efficient, effective and timely manner;
(B) The problems created by the laws, policies, rules or regulations; and
(C) The proposed solutions to the problems, including all proposed changes to ordinances,
acts, resolutions, rules and regulations.
(e) Effective the first day of July, two thousand seven, there is hereby created a Municipal
Home Rule Board consisting of the following seven members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development Office, or a designee;
(3) The chair of the Senate Committee on Government Organization, or a designee;
(4) The chair of the House of Delegates Committee on Government Organization, or a
designee; and
(5) Three members representing the business community as follows:
(A) One member shall be a representative of a local chamber of commerce, selected by the
West Virginia State Chamber of Commerce, and shall be from the first congressional district;
(B) One member shall be a representative of the Business and Industry Council, and shall be
from the second congressional district; and
(C) One member shall be a representative of Vision Shared, Inc., and shall be from the third
congressional district.
(f) The board has the powers necessary to implement the provisions of this section, including
the following:
(1) Reviewing, evaluating and making recommendations to the proposed plans submitted by
eligible municipalities and/or metro governments;
(2) Consulting with state agencies affected by the proposed plans;
(3) Recommending for approval the selected municipalities and/or metro governments to
participate in the pilot program;
(4) Reviewing and recommending for approval plans of recommended pilot program
participants; and,
(5) Authorizing amendments to approved plans.
(g) On or before the first day of January, two thousand eight, an eligible municipality and/or
metro government wanting to participate in the pilot program shall submit a written plan as described
in subdivision (2), subsection (d) of this section to the board.
(h) On or before the first day of June, two thousand eight, the board shall recommend for
approval by a majority vote of the board, at least one, but not more than five municipalities and/or
metro governments to participate in the pilot program.
(I) The list of municipalities and related pilot plans which have been recommended for
approval shall be reviewed by the legislature and either approved, modified or denied during the two
thousand nine regular session of the legislature.
(j) Once approved, the pilot municipalities and/or metro governments selected to participate
in the pilot program shall have the following powers:
(1) The authority to pass any ordinances, acts, resolutions, rules and regulations not contrary
to the constitutions of the United States or West Virginia, federal law, or chapters sixty-a, sixty-one
and sixty-two of this code as specified in their written and approved plans: Provided, That the pilot municipalities may not adopt any ordinance, rule, regulation or resolution or take any action that
would create a defined contribution employee pension or retirement plan for its employees; and
(2) Any other powers necessary to implement the provisions of its approved plan.
(j) Before the first day of July, two thousand twelve, the Performance Evaluation and
Research Division under the Legislative Auditor shall conduct a performance review on the pilot
program and the participating municipalities and/or metro governments. The review shall include
the following:
(1) An evaluation of the effectiveness of expanded home rule on the participating
municipalities and/or metro governments;
(2) A recommendation as to whether the expanded home rule should be continued, reduced,
expanded or terminated;
(3) A recommendation as to whether any legislation is necessary; and
(4) Any other issues considered relevant.
(k) On or before the first day of January, two thousand thirteen, the Performance Evaluation
and Research Division under the Legislative Auditor shall report to the Joint Committee on
Government Organization the findings of the performance review.
(l) The pilot program terminates on the first day of July, two thousand thirteen.
(m) No ordinances, acts, resolutions, rules or regulations may be enacted by a municipality
or metro government after the first day of July, two thousand thirteen, pursuant to the provisions of
this section, unless otherwise authorized by the Legislature.§8-1-7. Construction of powers and authority granted.(a) The enumeration of powers and authority granted in this chapter shall not operate to
exclude the exercise of other powers and authority fairly incidental thereto or reasonably implied and
within the purposes of this chapter or in accordance with the provisions of the Municipal Home Rule
Amendment to the constitution of this state, the powers and authority granted by such Constitution,
other provisions of this code and any existing charter.and theThe provisions of this chapter shall
be given full effect without regard to the common-law rule of strict construction and particularly
when the powers and authority are exercised by charter provisions framed and adopted or adopted by revision of a charter as a whole or adopted by charter amendment under the provisions of this
chapter.(b) Any charter provision framed and adopted or adopted by revision of a charter as a whole
or adopted by charter amendment under the provisions of former chapter eight-a of this code or
under the provisions of this chapter which is beyond the power and authority of a citymunicipality
and any ordinance provision which is beyond the power and authority of a municipality shall be of
no force and effect."
On motion of Delegate Moye, the amendment was amended on page four, line nineteen, by
striking out the remainder of the section after subsection (h) and inserting in lieu thereof the
following,
"(i) Upon selection of municipalities and/or metro government, all affected citizens of the
selected area shall have the right to participate in an election to approve or reject participation in the
home rule pilot program. This election may be held at either a primary, general or special election.
A notice of all conclusive facts of such pilot program are to be advertised in a newspaper of general
circulation in the selected area. This notice shall run for no less than ten days.
(j) The pilot municipalities and/or metro governments selected to participate in the pilot
program shall have the following powers:
(1) The authority to pass any ordinances, acts, resolutions, rules and regulations not contrary
to the constitutions of the United States or West Virginia, federal law, or chapters sixty-a, sixty-one
and sixty-two of this code as specified in their written and approved plans; and
(2) Any other powers necessary to implement the provisions of this section.
(k) The pilot municipalities and/or metro governments selected to participate in the pilot
program shall have the following powers:
(1) The authority to pass any ordinances, acts, resolutions, rules and regulations not contrary
to the constitutions of the United States or West Virginia, federal law, or chapters sixty-a, sixty-one
and sixty-two of this code as specified in their written and approved plans; and
(2) Any other powers necessary to implement the provisions of this section.
(k) Before the first day of July, two thousand twelve, the Performance Evaluation and Research Division under the Legislative Auditor shall conduct a performance review on the pilot
program and the participating municipalities and/or metro governments. The review shall include
the following:
(1) An evaluation of the effectiveness of expanded home rule on the participating
municipalities and/or metro governments;
(2) A recommendation as to whether the expanded home rule should be continued, reduced,
expanded or terminated;
(3) A recommendation as to whether any legislation is necessary; and
(4) Any other issues considered relevant.
(l) On or before the first day of January, two thousand thirteen, the Performance Evaluation
and Research Division under the Legislative Auditor shall report to the Joint Committee on
Government Organization the findings of the performance review.
(m) The pilot program terminates on the first day of July, two thousand thirteen.
(n) No ordinances, acts, resolutions, rules or regulations may be enacted by a municipality
or metro government after the first day of July, two thousand thirteen, pursuant to the provisions of
this section, unless otherwise authorized by the Legislature."
The question now before the House being the amendment by Delegate Webster as amended,
the same was put and prevailed.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 435),
and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Border, Canterbury, Carmichael, Cowles, Ireland, Lane, Martin, C. Miller,
Porter, Rowan, Schoen, Sobonya, Stalnaker, Sumner, Tucker and Varner.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 747) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 436), and there were--yeas 95, nays
3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Lane, Sobonya and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 747) takes effect July 1, 2007.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment toS. B. 67, Relating to school access safety generally.
On motion of Delegate DeLong, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Craig, Ennis and Tansill.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment toCom. Sub.for S. B. 541, Relating to public school finance.
On motion of Delegate DeLong, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of Conference of
five from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates M. Poling, Campbell, Browning, Perry and Duke.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Delegate DeLong asked and obtained unanimous consent that all bills on second reading with
amendments pending be advanced to third reading with the amendments pending, and that the rule
be suspended to permit the offering and consideration of amendments on third reading.
Delegate DeLong further requested and obtained unanimous consent that S. B. 749 be
advanced to third reading with the restricted right to amend by Delegate White and that S. B. 760
be advanced to third reading with the general right to amend.

Second Reading

The following bills on second reading, coming up in regular order, were each read a second
time and ordered to third reading, as agreed to by the House:Com. Sub. for S. B. 425, Relating to Water Pollution Control Revolving Fund loans,Com. Sub. for S. B. 165, Creating funding program for certain schools instituting school
uniform policies,Com. Sub. for S. B. 196, Relating to juvenile custody,Com. Sub. for S. B. 337, Establishing greenhouse gases inventory program,Com. Sub. for S. B. 447, Regulating opioid treatment centers,Com. Sub. for S. B. 524, Requiring proof of lawful disposal of solid waste,Com. Sub. for S. B. 595, Revising workers' compensation statutes,Com. Sub. for S. B. 612, Increasing criminal penalties for violations of certain hunting and
fishing laws by nonresidents,S. B. 613, Relating to crossbow restrictions,S. B. 631, Providing refundable exemption for certain contractor purchases,Com. Sub. for S. B. 697, Creating Appalachian Region Interstate Compact,Com. Sub. for S. B. 742, Exempting certain airplanes from personal property tax,S. B. 749, Relating to corporation net income tax,S. B. 753, Filling vacancies in nominations for general elections,S. B. 758, Supplementing and amending appropriations from federal funds to Department
of Health and Human Resources - Division of Human Services,S. B. 759, Making supplemental appropriation to Division of Health and Board of Examiners
for Registered Professional Nurses,
And,S. B. 760, Changing legislators' compensation and expenses.Com. Sub. for S. B. 428, Establishing consumer identity theft protections, having been
postponed in earlier proceedings was taken up for further consideration and read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 437),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 428) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 4:24 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 6:00
p.m., and reconvened at that time.

* * * * * * * * * * * *

Evening Session

* * * * * * * * * * * *

Miscellaneous Business

Delegate Azinger announced that he was absent on yesterday when the votes were taken on
Roll Nos. 364 through 367, and that had he been present, he would have voted "Yea" thereon.
Delegate Doyle announced that he was absent today when the vote was taken on Roll No.
406, and that had he been present, he would have voted "Yea" thereon.
Delegate Manchin announced that he was absent on today when the votes were taken on Roll
Nos. 420 through 434, and that had he been present, he would have voted "Yea" thereon.
Delegate Ireland asked and obtained unanimous consent that his questions and the responses
of Delegate Webster, regarding S. B. 747, Creating Municipal Home Rule Pilot Program be printed
in the Appendix to the Journal.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:Com. Sub. for S. B. 2717, Enacting a retirement system for Emergency Medical Services
Personnel.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page fifteen, section two, line seven, after the word "percent" by inserting the words "per
year".
On page nineteen, section two, line seventy-seven, after the word "time" by inserting the
word "during".
On page forty-two, section nine, line thirty-two, by striking out the words "two above" and
inserting in lieu thereof the words "(2) of this subsection".
On page forty-three, section nine, line forty-two, by striking out the words "four above" and
inserting in lieu thereof the words "(4) of this subsection".
On page forty-three, section nine, line fifty-two, by striking out the word "five" and inserting
in lieu thereof the words "(5) of this subsection".
On page forty-three, section nine, line fifty-four, by striking out the word "six" and inserting
in lieu thereof the words "(6) of this subsection".
On page forty-seven, section eleven, line one, before the word "Except" by inserting "(a)".
On page forty-seven, section eleven, line three, before the word "A" by inserting "(b)".
On page eighty-one, section thirty-one, lines six and seven, by striking out the words "It shall
be the duty of the" and inserting in lieu thereof the word "The".
And,
On page eighty-one, section thirty-one, line nine, by striking out the word "to" and inserting
in lieu thereof the word "shall".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 438), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Frederick, M. Poling, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2717) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:Com. Sub. for H. B. 2775, Exempting new residents from payment of the privilege tax upon
a showing that the applicant was not a resident of this state at the time the vehicle was purchased.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 15. CONSUMER SALES AND SERVICE TAX.

§11-15-3b. Imposition of consumer sales tax on motor vehicle sales; rate of tax; use of motor
vehicle purchased out of state; definition of sale; definition of motor vehicle;
exemptions; collection of tax by Department of Motor Vehicles; dedication of
tax to highways; legislative and emergency rules.

(a) Notwithstanding any provision of this article or article fifteen-a of this chapter to the
contrary, beginning on the first day of July, two thousand eight, all motor vehicle sales to West Virginia residents shall be subject to the consumer sales tax imposed by this article.
(b) Rate of tax on motor vehicles. -- Notwithstanding any provision of this article or article
fifteen-a of this chapter to the contrary, the rate of tax on the sale and use of a motor vehicle shall
be five percent of its sale price, as defined in section two, article fifteen-b of this chapter: Provided,
That so much of the sale price or consideration as is represented by the exchange of other vehicles
on which the tax imposed by this section or section four, article three, chapter seventeen-a of this
code has been paid by the purchaser shall be deducted from the total actual sale price paid for the
motor vehicle, whether the motor vehicle be new or used.
(c) Motor vehicles purchased out of state.-- Notwithstanding this article or article fifteen-a
to the contrary, the tax imposed by this section shall apply to all motor vehicles, used as defined by
section one, article fifteen-a, of this chapter, within this state, regardless of whether the vehicle was
purchased in a state other than West Virginia.
(d) Definition of Sale. -- Notwithstanding any provision of this article or article fifteen-a of
this chapter to the contrary, for purposes of this section 'sale', 'sales' or 'selling' means any transfer
or lease of the possession or ownership of a motor vehicle for consideration, including isolated
transactions between individuals not being made in the ordinary course of repeated and successive
business and also including casual and occasional sales between individuals not conducted in a
repeated manner or in the ordinary course of repetitive and successive transactions.
(e) Definition of Motor Vehicle. -- For purposes of this section 'motor vehicle' means every
propellable device in, or upon which any person or property is or may be transported or drawn upon
a highway including but not limited to: automobiles; buses; motor homes; motorcycles; motorboats;
all-terrain vehicles; snowmobiles; low speed vehicles; trucks, truck tractors, and road tractors having
a weight of less than fifty-five thousand pounds; trailers, semitrailers, full trailers, pole trailers, and
converter gear having a gross weight of less than two thousand pounds; and motorboat trailers, fold
down camping trailers, traveling trailers, house trailers, and motor homes; except that the term
'motor vehicle' does not include: modular homes, manufactured homes, mobile homes, similar
nonmotive propelled vehicles susceptible of being moved upon the highways but primarily designed
for habitation and occupancy; devices operated regularly for the transportation of persons for compensation under a certificate of convenience and necessity or contract carrier permit issued by
the Public Service Commission; mobile equipment as defined in section one, article one, chapter
seventeen-a of this code; special mobile equipment as defined in section one, article one, chapter
seventeen-a of this code; trucks, truck tractors, and road tractors having a gross weight of fifty-five
thousand pounds or more; trailers, semitrailers, full trailers, pole trailers and converter gear, having
weight of two thousand pounds or greater: Provided, That notwithstanding the provisions of section
nine, article fifteen, chapter eleven of this code, the exemption from tax under this section for mobile
equipment as defined in section one, article one, chapter seventeen-a of this code; special mobile
equipment defined in section one, article one, chapter seventeen-a of this code; Class B trucks, truck
tractors, and road tractors registered at a gross weight of fifty-five thousand pounds or more; and
Class C trailers, semitrailers, full trailers, pole trailers and converter gear, having weight of two
thousand pounds or greater; does not subject the sale or purchase of the vehicle to the consumer sales
and service tax imposed by section three, of this article.
(f) Exemptions. -- Notwithstanding any other provision of this code to the contrary, the tax
imposed by this section shall not be subject to any exemption in this code other than the following:
(1) The tax imposed by this section does not apply to any passenger vehicle offered for rent
in the normal course of business by a daily passenger rental car business as licensed under the
provisions of article six-d of this chapter. For purposes of this section, a daily passenger car means
a motor vehicle having a gross weight of eight thousand pounds orless and is registered in this state
or any other state. In lieu of the tax imposed by this section, there is hereby imposed a tax of not less
than one dollar nor more than one dollar and fifty cents for each day or part of the rental period. The
Commissioner of Motor Vehicles shall propose an emergency rule in accordance with the provisions
of article three, chapter twenty-nine-a of this code to establish this tax.
(2) The tax imposed by this section does not apply where the motor vehicle has been acquired
by a corporation, partnership or limited liability company from another corporation, partnership or
limited liability company that is a member of the same controlled group and the entity transferring
the motor vehicle has previously paid the tax on that motor vehicle imposed by this section. For the
purposes of this section, control means ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of the total combined voting power of all classes of the stock of a
corporation or equity interests of a partnership or limited liability company entitled to vote or
ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of the
value of the corporation, partnership or limited liability company.
(3) The tax imposed by this section does not apply where motor vehicle has been acquired
by a senior citizen service organization which is exempt from the payment of income taxes under
the United States Internal Revenue Code, Title 26 U.S.C. §501(c)(3) and which is recognized to be
a bona fide senior citizen service organization by the Bureau of Senior Services existing under the
provisions of article five, chapter sixteen of this code.
(4) The tax imposed by this section does not apply to any active duty military personnel
stationed outside of West Virginia who acquires a motor vehicle by sale within nine months from
the date the person returns to this state.
(5) The tax imposed by this section does not apply to motor vehicles acquired by registered
dealers of this state for resale only.
(6) The tax imposed by this section does not apply to motor vehicles acquired by this state
or any political subdivision thereof, or by any volunteer fire department or duly chartered rescue or
ambulance squad organized and incorporated under the laws of this state as a nonprofit corporation
for protection of life or property.
(7) The tax imposed by this section does not apply to motor vehicles acquired by an urban
mass transit authority, as defined in article twenty-seven, chapter eight of this code, or a nonprofit
entity exempt from federal and state income tax under the Internal Revenue Code, for the purpose
of providing mass transportation to the public at large or designed for the transportation of persons
and being operated for the transportation of persons in the public interest.
(8) The tax imposed by this section does not apply to the registration of a vehicle owned and
titled in the name of a resident of this state if the applicant:
(A) Was not a resident of this state at the time the applicant purchased or otherwise acquired
ownership of the vehicle;
(B) Presents evidence as the Commissioner of Motor Vehicles may require of having titled the vehicle in the applicant's previous state of residence;
(C) Has relocated to this state and can present such evidence as the Commissioner of Motor
Vehicles may require to show bona-fide residency in this state;
(D) Presents an affidavit, completed by the assessor of the applicant's county of residence,
establishing that the vehicle has been properly reported and is on record in the office of the assessor
as personal property; and
(E) Makes application to the Division of Motor Vehicles for a title and registration, and pays
all other fees required by chapter seventeen-a of this code within thirty days of establishing residency
in this state as prescribed in subsection (a), section one-a of this article.
(g) Division of Motor Vehicles to collect.-- Notwithstanding any provision of this article,
article fifteen-a, and article ten of this chapter to the contrary, the Division of Motor Vehicles shall
collect the tax imposed by this section: Provided, That such tax is imposed upon the monthly
payments for the lease of any motor vehicle leased by a resident of West Virginia, which tax is equal
to five percent of the amount of the monthly payment, applied to each payment, and continuing for
the entire term of the initial lease period. The tax shall be remitted to the Division of Motor Vehicles
on a monthly basis by the lessor of the vehicle.
(h) Dedication of tax to highways. -- Notwithstanding any provision of this article or article
fifteen-a of this chapter to the contrary, all taxes collected pursuant to this section, after deducting
the amount of any refunds lawfully paid, shall be deposited in the State Road Fund in the State
Treasury, and expended by the Commissioner of Highways for design, maintenance and construction
of roads in the state highway system.
(I) Legislative rules; emergency rules. -- Notwithstanding any provision of this article, article
fifteen-a, and article ten to the contrary, the Commissioner of Motor Vehicles shall promulgate
legislative rules explaining and implementing this section, which rules shall be promulgated in
accordance with the provisions of article three, chapter twenty-nine-a of this code and should include
a minimum taxable value and set forth instances when a vehicle is to be taxed at fair market value
rather than its purchase price. The authority to promulgate rules includes authority to amend or
repeal those rules. If proposed legislative rules for this section are filed in the State Register before the fifteenth day of June, two thousand eight, those rules may be promulgated as emergency
legislative rules, as provided in article three of said chapter twenty-nine-a.

ARTICLE 3. ORIGINAL AND RENEWAL REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.

§17A-3-4. Application for certificate of title; fees; abolishing privilege tax; prohibition of
issuance of certificate of title without compliance with consumer sales and
service tax provisions; exceptions.

(a) Certificates of registration of any vehicle or registration plates for the vehicle, whether
original issues or duplicates, may not be issued or furnished by the Division of Motor Vehicles or
any other officer or agent charged with the duty, unless the applicant already has received, or at the
same time makes application for and is granted, an official certificate of title of the vehicle in either
an electronic or paper format. The application shall be upon a blank form to be furnished by the
Division of Motor Vehicles and shall contain a full description of the vehicle, which description shall
contain a manufacturer's serial or identification number or other number as determined by the
commissioner and any distinguishing marks, together with a statement of the applicant's title and
of any liens or encumbrances upon the vehicle, the names and addresses of the holders of the liens
and any other information as the Division of Motor Vehicles may require. The application shall be
signed and sworn to by the applicant. A duly certified copy of the division's electronic record of a
certificate of title is admissible in any civil, criminal or administrative proceeding in this state as
evidence of ownership.
(b) A tax is imposed upon the privilege of effecting the certification of title of each vehicle
in the amount equal to five percent of the value of the motor vehicle at the time of the certification,
to be assessed as follows:
(1) If the vehicle is new, the actual purchase price or consideration to the purchaser of the
vehicle is the value of the vehicle. If the vehicle is a used or secondhand vehicle, the present market
value at time of transfer or purchase is the value of the vehicle for the purposes of this section:
Provided, That so much of the purchase price or consideration as is represented by the exchange of
other vehicles on which the tax imposed by this section has been paid by the purchaser shall be deducted from the total actual price or consideration paid for the vehicle, whether the vehicle be new
or secondhand. If the vehicle is acquired through gift or by any manner whatsoever, unless
specifically exempted in this section, the present market value of the vehicle at the time of the gift
or transfer is the value of the vehicle for the purposes of this section.
(2) No certificate of title for any vehicle may be issued to any applicant unless the applicant
has paid to the Division of Motor Vehicles the tax imposed by this section which is five percent of
the true and actual value of the vehicle whether the vehicle is acquired through purchase, by gift or
by any other manner whatsoever, except gifts between husband and wife or between parents and
children: Provided, That the husband or wife, or the parents or children, previously have paid the
tax on the vehicles transferred to the State of West Virginia.
(3) The Division of Motor Vehicles may issue a certificate of registration and title to an
applicant if the applicant provides sufficient proof to the Division of Motor Vehicles that the
applicant has paid the taxes and fees required by this section to a motor vehicle dealership that has
gone out of business or has filed bankruptcy proceedings in the United States bankruptcy court and
the taxes and fees so required to be paid by the applicant have not been sent to the division by the
motor vehicle dealership or have been impounded due to the bankruptcy proceedings: Provided,
That the applicant makes an affidavit of the same and assigns all rights to claims for money the
applicant may have against the motor vehicle dealership to the Division of Motor Vehicles.
(4) The Division of Motor Vehicles shall issue a certificate of registration and title to an
applicant without payment of the tax imposed by this section if the applicant is a corporation,
partnership or limited liability company transferring the vehicle to another corporation, partnership
or limited liability company when the entities involved in the transfer are members of the same
controlled group and the transferring entity has previously paid the tax on the vehicle transferred.
For the purposes of this section, control means ownership, directly or indirectly, of stock or equity
interests possessing fifty percent or more of the total combined voting power of all classes of the
stock of a corporation or equity interests of a partnership or limited liability company entitled to vote
or ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of
the value of the corporation, partnership or limited liability company.
(5) The tax imposed by this section does not apply to vehicles to be registered as Class H
vehicles or Class M vehicles, as defined in section one, article ten of this chapter, which are used or
to be used in interstate commerce. Nor does the tax imposed by this section apply to the titling of
Class B vehicles registered at a gross weight of fifty-five thousand pounds or more, or to the titling
of Class C semitrailers, full trailers, pole trailers and converter gear: Provided, That if an owner of
a vehicle has previously titled the vehicle at a declared gross weight of fifty-five thousand pounds
or more and the title was issued without the payment of the tax imposed by this section, then before
the owner may obtain registration for the vehicle at a gross weight less than fifty-five thousand
pounds, the owner shall surrender to the commissioner the exempted registration, the exempted
certificate of title and pay the tax imposed by this section based upon the current market value of the
vehicle: Provided, however, That notwithstanding the provisions of section nine, article fifteen,
chapter eleven of this code, the exemption from tax under this section for Class B vehicles in excess
of fifty-five thousand pounds and Class C semitrailers, full trailers, pole trailers and converter gear
does not subject the sale or purchase of the vehicles to the consumers sales and service tax.
(6) The tax imposed by this section does not apply to titling of vehicles leased by residents
of West Virginia. A tax is imposed upon the monthly payments for the lease of any motor vehicle
leased by a resident of West Virginia, which tax is equal to five percent of the amount of the monthly
payment, applied to each payment, and continuing for the entire term of the initial lease period. The
tax shall be remitted to the Division of Motor Vehicles on a monthly basis by the lessor of the
vehicle.
(7) The tax imposed by this section does not apply to titling of vehicles by a registered dealer
of this state for resale only, nor does the tax imposed by this section apply to titling of vehicles by
this state or any political subdivision thereof, or by any volunteer fire department or duly chartered
rescue or ambulance squad organized and incorporated under the laws of the State of West Virginia
this state as a nonprofit corporation for protection of life or property. The total amount of revenue
collected by reason of this tax shall be paid into the State Road Fund and expended by the
Commissioner of Highways for matching federal funds allocated for West Virginia. In addition to
the tax, there is a charge of five dollars for each original certificate of title or duplicate certificate of title so issued: Provided, That this state or any political subdivision of this state or any volunteer
fire department or duly chartered rescue squad is exempt from payment of the charge.
(8) The certificate is good for the life of the vehicle, so long as the vehicle is owned or held
by the original holder of the certificate and need not be renewed annually, or any other time, except
as provided in this section.
(9) If, by will or direct inheritance, a person becomes the owner of a motor vehicle and the
tax imposed by this section previously has been paid to the Division of Motor Vehicles on that
vehicle, he or she is not required to pay the tax.
(10) A person who has paid the tax imposed by this section is not required to pay the tax a
second time for the same motor vehicle, but is required to pay a charge of five dollars for the
certificate of retitle of that motor vehicle, except that the tax shall be paid by the person when the
title to the vehicle has been transferred either in this or another state from the person to another
person and transferred back to the person.
(11) The tax imposed by this section does not apply to any passenger vehicle offered for rent
in the normal course of business by a daily passenger rental car business as licensed under the
provisions of article six-d of this chapter. For purposes of this section, a daily passenger car means
a Class A motor vehicle having a gross weight of eight thousand pounds or less and is registered in
this state or any other state. In lieu of the tax imposed by this section, there is hereby imposed a tax
of not less than one dollar nor more than one dollar and fifty cents for each day or part of the rental
period. The commissioner shall propose an emergency rule in accordance with the provisions of
article three, chapter twenty-nine-a of this code to establish this tax.
(12) The tax imposed by this article does not apply to the titling of any vehicle purchased by
a senior citizen service organization which is exempt from the payment of income taxes under the
United States Internal Revenue Code, Title 26 U.S.C. §501(c)(3) and which is recognized to be a
bona fide senior citizen service organization by the senior services bureau existing under the
provisions of article five, chapter sixteen of this code.
(13) The tax imposed by this section does not apply to the titling of any vehicle operated by
an urban mass transit authority as defined in article twenty-seven, chapter eight of this code or a nonprofit entity exempt from federal and state income tax under the Internal Revenue Code and
whose purpose is to provide mass transportation to the public at large designed for the transportation
of persons and being operated for the transportation of persons in the public interest.(14) The tax imposed by this section does not apply to the transfer of a title to a vehicle
owned and titled in the name of a resident of this state if the applicant:
(A) Was not a resident of this state at the time the applicant purchased or otherwise acquired
ownership of the vehicle;
(B) Presents evidence as the commissioner may require of having titled the vehicle in the
applicant's previous state of residence;
(C) Has relocated to this state and can present such evidence as the commissioner may
require to show bona-fide residency in this state;
(D) Presents an affidavit, completed by the assessor of the applicant's county of residence,
establishing that the vehicle has been properly reported and is on record in the office of the assessor
as personal property; and
(E) Makes application to the division for a title and registration, and pays all other fees
required by this chapter within thirty days of establishing residency in this state as prescribed in
subsection (a), section one-a of this article: Provided, That a period of amnesty of three months be
established by the commissioner during the calendar year two thousand seven, during which time
any resident of this state, having titled his or her vehicle in a previous state of residence, may pay
without penalty any fees required by this chapter and transfer the title of his or her vehicle in
accordance with the provisions of this section.(c) Notwithstanding any provisions of this code to the contrary, the owners of trailers,
semitrailers, recreational vehicles and other vehicles not subject to the certificate of title tax prior
to the enactment of this chapter are subject to the privilege tax imposed by this section: Provided,
That the certification of title of any recreational vehicle owned by the applicant on the thirtieth day
of June, one thousand nine hundred eighty-nine, is not subject to the tax imposed by this section:
Provided, however, That mobile homes, manufactured homes, modular homes and similar
nonmotive propelled vehicles, except recreational vehicles and house trailers, susceptible of being moved upon the highways but primarily designed for habitation and occupancy, rather than for
transporting persons or property, or any vehicle operated on a nonprofit basis and used exclusively
for the transportation of mentally retarded or physically handicapped children when the application
for certificate of registration forthe vehicle is accompanied by an affidavit stating that the vehicle
will be operated on a nonprofit basis and used exclusively for the transportation of mentally retarded
and physically handicapped children, are not subject to the tax imposed by this section, but are
taxable under the provisions of articles fifteen and fifteen-a, chapter eleven of this code.(d) Beginning on the first of July, two thousand and eight, the tax imposed under this
subsection (b) of this section is abolished and after that date no certificate of title for any motor
vehicle may be issued to any applicant unless the applicant provides sufficient proof to the Division
of Motor Vehicles that the applicant has paid the fees required by this article and the tax imposed
under section three-b, article fifteen, chapter eleven of this code.(d)(e) Any person making any affidavit required under any provision of this section who
knowingly swears falsely, or any person who counsels, advises, aids or abets another in the
commission of false swearing, or any person, while acting as an agent of the Division of Motor
Vehicles, issues a vehicle registration without first collecting the fees and taxes or fails to perform
any other duty required by this chapter or chapter eleven of this code to be performed before a
vehicle registration is issued is, on the first offense, guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than five hundred dollars or be confined in jail for a period not to
exceed six months or, in the discretion of the court, both fined and confined. For a second or any
subsequent conviction within five years, that person is guilty of a felony and, upon conviction
thereof, shall be fined not more than five thousand dollars or be imprisoned in a state correctional
facility for not less than one year nor more than five years or, in the discretion of the court, both fined
and imprisoned.(e)(f) Notwithstanding any other provisions of this section, any person in the military
stationed outside West Virginia or his or her dependents who possess a motor vehicle with valid
registration are exempt from the provisions of this article for a period of nine months from the date
the person returns to this state or the date his or her dependent returns to this state, whichever is later.(f)(g) No person may transfer, purchase or sell a factory-built home without a certificate of
title issued by the commissioner in accordance with the provisions of this article:
(1) Any person who fails to provide a certificate of title upon the transfer, purchase or sale
of a factory-built home is guilty of a misdemeanor and, upon conviction thereof, shall for the first
offense be fined not less than one hundred dollars nor more than one thousand dollars, or be confined
in jail for not more than one year, or both fined and confined. For each subsequent offense, the fine
may be increased to not more than two thousand dollars, with confinement in jail not more than one
year, or both fined and confined.
(2) Failure of the seller to transfer a certificate of title upon sale or transfer of the factory-built
home gives rise to a cause of action, upon prosecution thereof, and allows for the recovery of
damages, costs and reasonable attorney fees.
(3) This subsection does not apply to a mobile or manufactured home for which a certificate
of title has been canceled pursuant to section twelve-b of this article.(g)(h) Notwithstanding any other provision to the contrary, whenever reference is made to
the application for or issuance of any title or the recordation or release of any lien, it includes the
application, transmission, recordation, transfer of ownership and storage of information in an
electronic format.(h)(I) Notwithstanding any other provision contained in this section, nothing herein shall be
considered to include modular homes as defined in subsection (I), section two, article fifteen, chapter
thirty-seven of this code and built to the State Building Code as established by legislative rules
promulgated by the State Fire Commission pursuant to section five-b, article three, chapter twenty-
nine of this code."
And,
By amending the title to read as follows:Com. Sub. for H. B. 2775-"A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-15-3b; and to amend and reenact §17A-3-4 of said
code, all relating to the taxation of motor vehicles; providing an exemption for new residents of this
state from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased and the vehicle was properly titled in the applicant's
previous state or jurisdiction of residence; providing a period of amnesty; eliminating the five
percent tax for privilege of certification of title; imposing a five percent tax on the sale and use of
motor vehicles; providing exemptions; and effective date."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 439), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Frederick, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2775) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On pages eight through ten, by striking out all of section forty-seven and by striking out the
enacting section and inserting in lieu thereof a new enacting section, to read as follows:
"That §11-14C-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted
to read as follows" followed by a colon.
And,
By amending the title to read as follows:Com. Sub. for H. B. 2955 - "A Bill to amend and reenact §11-14C-5 of the Code of West
Virginia, 1931, as amended, relating to extending the date to which the rate of the flat-rate
component of the motor fuel excise tax will remain at twenty and one-half cents per invoiced gallon."
On motion of Delegate DeLong, the House refused to concur and requested the Senate to
recede therefrom.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:Com. Sub. for H. B. 2875, Providing a procedure in which to fill a vacancy on a county
commission in the event the remaining commissioners cannot agree.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:H. B. 3223, West Virginia Health Care Authority Revolving Loan and Grant Fund.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one by striking out everything after the enacting section and inserting in lieu thereof
the following:

§16-29I-1. Legislative findings; purpose.
(a) The Legislature hereby finds and declares that the rationalization and restructuring of the
health care delivery system, particularly for services provided by hospitals can provide for
efficiencies and corresponding reduced costs for the delivery and provision of health care services
provided by hospitals. Further, the Legislature finds and declares that the rationalization and
restructuring of the health care delivery system by a hospital or combination of hospitals can, if
undertaken properly, provide health care cost savings for both public health care funds administered
or funded by the state and for private payors and health care insurers operating within the State of
West Virginia.
(b) The Legislature further finds that state support of the rationalization and restructuring of the delivery of hospital services with state resources can be used to promote beneficial cost
containment restructuring for the health care delivery system in the State of West Virginia.
(c) Therefore, the purpose of this article is to provide for a revolving loan fund to be
administered and used by the board to provide loans, including low interest or no interest loans to
hospitals or combinations of hospitals to assist in the rationalization and restructuring of the health
care delivery system in the State of West Virginia.§16-29I-2. Short title.
This article may be cited as the West Virginia Health Care Authority Revolving Loan Fund
Act.
§16-29I-3. Definitions.
Definitions of words and terms defined in articles two-d, five-f and twenty-nine-b of this
chapter are incorporated in this section for the purposes of this article unless this article contains
different definitions.
(a) Fund means the West Virginia Health Care Authority Revolving Loan Fund created
under section four of this article.
(b) Hospital Restructuring Plan means a plan submitted by a hospital or combination of
hospitals to the board for review and approval pursuant to section five of this article.§16-29I-4. Revolving fund created.(a) (1) The board shall create and establish a special revolving fund of moneys made
available to the fund by appropriation, grant, contribution, loan, or statutory dedication to be known
as the West Virginia Health Care Authority Revolving Loan Fund. The fund shall be governed,
administered and accounted for by the board.
(2) Any money collected pursuant to this section, including the repayment of loans made by
the board, shall be paid into the fund by any state agent or entity charged with the collection of the
money, credited to the fund, and used only for the purposes set forth in this article.
(b) The board may pledge revenues to the fund and from time to time establish one or more
restricted accounts within the fund for the purpose of providing funds to guarantee loans made
pursuant to this article. No loan guarantee shall be made pursuant to this article unless recourse under the loan guarantee is limited solely to amounts in the restricted account or accounts. No
person shall have any recourse to any restricted accounts established pursuant to this subsection other
than those persons to whom the loan guarantee or loan guarantees have been made.
(c) Each loan or loan guarantee made or provided by the board from the fund shall be
evidenced by a loan document, a loan guarantee document or any other writing or document or
documents as the board may consider appropriate, between the Health Care Authority Board and the
hospital or hospitals to which the loan, or loan guarantee, was made available or provided. The
agreements shall include, without limitation and to the extent applicable, the following provisions:
(1) The estimated total costs of the hospital restructuring plan, the amount of the loan, or loan
guarantee and the terms of repayment and the security for the loan if any;
(2) The specific purposes for which the loan proceeds shall be expended and the conditions
and procedures for dispersing a loan proceeds; and
(3) The duties, conditions and obligations imposed by the board upon the hospital or
hospitals regarding the hospital restructuring plan.
(d) Moneys in the fund shall be approved for expenditure by the Health Care Authority Board
only as the moneys are available in the fund. Approval of expenditures by the board may occur
without appropriation by the Legislature prior to the first day of July, two thousand eight. After the
first day of July, two thousand eight, expenditures from the fund shall be made by the board only
pursuant to available amounts appropriated by the Legislature.§16-29I-5. Use of revolving loan funds by loan hospital restructuring plans.A hospital or combination of hospitals, whether or not related by common ownership or
management, may submit to the board for its approval, a hospital restructuring plan which provides
for the rationalization and restructuring of health care delivery services provided by the hospital or
combination of hospitals. The submission of a hospital restructuring plan or plans by a hospital or
a combination of hospitals, shall be in a form and manner authorized by the board and shall include
the following information:
(1) The sponsoring hospital or combination of hospitals submitting the hospital restructuring
plan;
(2) All financial information required by the board relevant to an analysis of the proposed
hospital restructuring plan and the subsequent delivery of impacted services;
(3) An estimate of savings and the methodologies used to calculate those savings for both
public and private health care payors attributable to the implementation of the hospital restructuring
plan;
(4) The amount of any loan requested by the hospital or combination of hospitals and the
purposes for which any loan will be used by the hospital or combination of hospitals, to implement
the hospital restructuring plan;
(5) An identification of any other benefits or enhancements of services provided by the
hospital or combination of hospitals attributable to the implementation of the hospital restructuring
plan; and
(6) Any other relevant information requested by the board necessary to review and analyze
the submitted hospital restructuring plan.§16-29I-6. Review of hospital restructuring plans.
(a) The board shall review and may approve or reject hospital restructuring plans submitted
to it from time to time. Upon approval of any submitted plan, the board may in its sole discretion
provide from the fund a loan, low-interest loan, or no-interest loan, in a form and on those terms and
conditions as the board considers appropriate to assist in the implementation of the hospital
restructuring plan. Prior to approving any plan, the board shall make a factual determination that the
implementation of the hospital restructuring plan will rationalize and restructure the delivery of
health care services provided by the hospital or combination of hospitals submitting the plan, and
shall further determine that the implementation of the plan will provide a cost savings for hospital
services delivered by the hospital or combination of hospitals for both public and private health care
payors.
(b) The board may approve hospital restructuring plans and loans from the revolving fund
contingent upon any conditions considered necessary by the board to assure the repayment of any
loan, which may include but need not be limited to the successful implementation of the cost
containment objectives of any hospital restructuring plan.
(c) The board may withhold future rate approvals, certificates of need and rural health system
loans and grants if any of the terms or conditions of the loan provided by the board are not
subsequently satisfied or met by the hospital or combination of hospitals receiving the loan from the
fund.§16-29I-7. Temporary exemption for approval process.
The board may conduct any hearing or hearing it considers necessary for the consideration
of hospital restructuring plans: Provided, That both the application consideration process and the
loan approval process provided for in this article and undertaken by the board and completed prior
to the first day of July, two thousand eight, are exempt from the requirements of articles two-d and
twenty-nine-b of this chapter for holding hearings upon the written demand of any person alleging
that they are interested in or affected by any act or failure to act by the board pursuant to article
twenty-nine-b of this chapter.§16-29I-8. Review of final decisions of board.
A final decision of the board accepting or rejecting a hospital restructuring plan submitted
pursuant to the terms of this article, shall upon request of the hospital or combination of hospitals
making application of the plan be reviewed and approved pursuant to the provisions of article
twenty-nine-b of this chapter: Provided, That no appeal or review authority shall have the authority
or jurisdiction to require the board to provide or alter the conditions of any loan.§16-29I-9. Rule-making authority.
The board may propose rules, including emergency rules, for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement and
make effective the powers, duties and responsibilities contained in this article.§16-29I-10. Annual report.
The board shall within thirty days following the close of the fiscal year, or from time to time
as requested by the Legislature, prepare and transmit to the Governor and the Legislative Oversight
Commission on Health and Human Resources Accountability, a report of its operations and activities
for the proceeding year regarding the consideration, denial or approval of hospital restructuring plans
and any loans made pursuant to the approval of the plans."
And,
By amending the title to read as follows:Com. Sub. for H. B. 3223 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §16-29I-1, §16-29I-2, §16-29I-3, §16-29I-4, §16-29I-5,
§16-29I-6, §16-29I-7, §16-29I-8, §16-29I-9 and §16-29I-10, all relating to creating a revolving loan
fund to be administered by the West Virginia Health Care Authority Board to provide loans to assist
hospitals in the rationalization and restructuring of their health care delivery systems; setting forth
the criteria and conditions for approving hospital restructuring plans and loans from the revolving
funds; and providing the Health Care Authority Board with reporting responsibilities and rule
making authority to implement the provisions of the new article."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 440), and there were--yeas
96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Frederick, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2955) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 441), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Frederick, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3223) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:Com. Sub. for H. B. 2145, Defining limited use residence elevators in public places.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 2332, Clarifying that magistrate courts have concurrent jurisdiction with circuit courts
with laws prohibiting the use of tobacco by minors.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:Com. Sub. for H. B. 2422, Relating to criminal investigation and special audits divisions
of State Tax Division.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:Com. Sub. for H. B. 2575, Relating to commercial driver's licences (CDL).
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 2825, Eliminating the provision that allowed private clubs segregated on the basis of
race or color to obtain a license to sell alcoholic beverages.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 2926, Relating to providing notification that a domestic violence protective order has
been extended.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:H. B. 2956, Relating to civil actions filed in the courts of the state.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 2992, Decreasing the health care provider tax imposed on gross receipts of providers
of nursing facility services.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:Com. Sub. for H. B. 3048, Providing credit for specified high technology manufacturers.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 3974, Relating to the carrying of concealed weapons.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:S. B. 3106, Increasing the number of family court judges and realigning certain districts to
address excessive workloads.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 3228, Providing that home confinement officers are subject to criminal prohibition of
engaging in sexual intercourse with person incarcerated.

Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred Com. Sub. for S.
B. 371, on second reading, House Calendar, to the Special Calendar.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
returned to the Eleventh Order of Business.

Second Reading

S. B. 371, Exempting certain professional services from consumers sales and service tax; on
second reading, coming up in regular order, was read a second time, and at the requests of Delegate
DeLong, and by unanimous consent, the rule was suspended to permit the offering and consideration
of amendments on that reading.

Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Talbott and Ron Thompson.
At 6:21 p.m., the House of Delegates adjourned until 11:00 a.m., Saturday, March 10, 2006.